Instead of creating military tribunals, allow me to suggest that the US have the "Gitmo eleven" put on trial in Afghanistan or Pakistan. I'm almost positive that even the current Afghan government would allow a military tribunal against these guys, and that the final punishment would likely be public beheadings.
While judicial independence is a great idea, I truly doubt that there is a judge in all of Afghanistan or Pakistan that would find these guys not-guilty. And that chance falls even further when restricted to Afghan or Pakistani military judges.
I'm being serious here, and it's perfectly acceptable under international law. After all, the courts are open in both Afghanistan and Pakistan, and the criminal acts took place in those countries. I would love to see the political left arguing against an Afghani or Pakistani trial.
And the argument that "they can't see all the evidence against them" is a red herring. Even in the normal US court system, there are times you don't get to see the evidence against you (PDF):
It is well established that where classified materials are at issue, a court may review such material [secretly, without giving access to one or both sides] without infringing a litigant’s due process rights in order to avoid the harms that would result from unauthorized disclosure. ...
Plaintiffs’ initial argument is that due process disfavors the Court’s consideration of materials provided in camera and ex parte. Although [secret] submissions [judged without first giving access to one or both sides] are not the norm, courts have repeatedly recognized that such submissions are necessary in a variety of contexts (pages 8 and 9).
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