Good catch. It is interesting that it is called here a privilege and not a right.
Two questions: does the present situation qualify as a rebellion or invasion, and which branch of government is thereby empowered to suspend the privilege?
I think there is 1 question only: "does the present situation qualify as a rebellion or invasion"?
As for the other,
Article I Section 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
I would think therefore that Section 9 is considered a power granted to Congress.
Good questions. I can only offer the information that Congress approved the use of force in the so-called "Patriot Act" and this will most likely be the directive pointed to when called to justify the use of tribunals.