But who decides whether the individual is tried before the tribunal?
And, to whom does the individual appeal this decision?
How does one know if the individual is a "foreign enemy"?
Those are good questions. I presume, without any other reference, that the ultimate decision to use a tribunal would rest with the President of the United States as Commander in Chief of the Armed Forces. Bush has already indicated his approval of the process by issuing the EO and directing the Sec. of Defense to select a convening authority. As tribunals would not be used for US citizens, anyone tried by this system would be a foreigner. Whether they are an enemy or not would be decided by the tribunal. A matter that would be fairly obvious in most cases involving the capture of a combatant/saboteur/conspirator during a time of war. It is my understanding that there is no appeals process, although I'm sure someone would launch a Supreme Court protest upon the first use of these tribunals.