A declaration of war would make military tribunals perfectly acceptable. Military tribunals in wartime have jurisdiction over non-citizens in cases under military jurisdiction and do not deprive citizens of access to civil courts for civil offenses.
Military tribunals are illegitimate without either a declaration of war or establishment of martial law.
30 - "Military tribunals are illegitimate without either a declaration of war or establishment of martial law."
It seems to me that they declared holy war on us, did they not?