[Lurking Libertarian]

The Geneva Conventions do NOT apply to anyone captured in plain clothes, behind the lines, hiding among civilians (and also killing civilians). Anyone can read the Geneva Conventions for themselves. Fighters/soldiers must meet four conditions to be covered. Terrorists fail to meet at least three of those.

But the Geneva Convention also says that there must be a "competent tribunal" to decide that threshhold issue of whether someone is a lawful or unlawful combatant.

[Congressman Billybob]

The "competent tribunal" you refer to is a military tribunal. I dealt with that in my article. Read up on the trials and executions of Nathan Hale and Major John Andre, as I suggested. They were tried and executed under the Law of War, which to the extent it was not changed by the Geneva Conventions, remains in full force and effect.

You may be assuming that reference means a regular civilian court in the US, or even some international court. If so, your assumption is dead wrong.

John / Billybob