[JasonC]

It is silly to try to criminalize what is not a matter of law to begin with. They are not our subjects, they are not bound to any of our laws. They are men, they are therefore bound to moral codes, which most of these have systematically violated. But we do not need any claim arising from their conduct to justify detaining them. We detain them merely by force of arms, as they took arms against us. They declared themselves our enemies, we take it from them that they are, and protect ourselves from them. Law has nothing to do with it, no prior agreement of any kind having passed between them and us.

[DugwayDuke]

It is a matter of law, but it is not a matter of criminal law. It is a violation of the laws of Land Warfare, ie, they were illegal combatants. The only court with jurisdiction are military tribunals. IOW, we're doing exactly what is required by international convention, Hague, Geneva, etc.