This will probably get overturned by some sucka

But...

A U.S. federal court has ruled Osama bin Laden's driver was entitled to a hearing to determine whether he is a prisoner of war, a landmark decision that throws into question plans to try alleged terrorists as enemy combatants.

...

The judge rejected the U.S. government's contention that Hamdan and other detainees are not prisoners of war but enemy combatants. Hamdan was declared an enemy combatant last month by a review tribunal during a hearing from which his lawyer was barred.

"Unless and until a competent tribunal determines that petitioner is not entitled to protections afforded prisoners of war under Article 4 of the Geneva Convention ... he may not be tried by military commission ... ," Robertson said in his ruling.

"There is nothing in this record to suggest that a competent tribunal has determined that Hamdan is not a prisoner of war under the Geneva Conventions."

The court also ruled that unless the military commission guidelines are changed to conform to the Uniform Code of Military Justice, Hamdan cannot be tried by the commissions.