9) Prisoners of war in custody of the armed forces.
(10) In time of war, persons serving with or accompanying an armed force in the field.
We are not engaged in a Constititutionally legal war. Congress must declare war, the President may not. Unless he has suspended the US Constitution while we weren't looking. If so, that puts us in a totally different situation.
While I don't think GWB will use the tribunals against US citizens, I think the possibility of a future POTUS doing so ('legally' or not) should be enough to cause all of us to raise he!! about GWB doing it. It's another step towards tyranny. Once there, it's a long and bloody road back.
Then too, are you trying to tell me that there were no "prisoners of war" in Korea or Vietnam?? Korea was authorized by a UN vote as a "police action" and Vietnam was related to SEATO treaty responsibilitites and the "Gulf of Tonkin Resolution."
I think a legalistic definition of the term "war" will not mean too much when a laser-guided bomb is headed toward your bunker. You will be just as dead.