[Aedammair]

A military tribunal CAN exist for non-citizens....provided that a Congressional Declaration of War exists.

Are you sure about this? And if so, could you elaborate with constitutional article or applicable proscribing provision? Nothing up my sleeve here; my question is honest.

[redrock]

Once an 'Official' Declaration of War exists...then some of those non-citizens become 'combatants'...and fall under Military Courts.

redrock