It would seem that during a time of war, that it is probably...

It would seem that during a time of war, that it is probably normal for enemy combatants not to be tried by the normal civil/criminal courts.
In most circumstances they would be detained until the war is over and the various procedures for exchange of prisoners have been arranged and settled.

This is a war, just a different type of war to those where precedents have been set in the past. In this war, a 7th century death cult and its adherents have declared war on western civillization and have mobilized a terror campaign against civillian populations to pursue that war.

It seems a bit far fetched to demand that during this war, combatants, or even those whose status seems to be grey enough to be classified as combatants, must be tried in a civil court where laws, legal standards and punishments may not yet have caught up with the reality of the present situation.