I think I figured out what authorizes the use of military tribunals. This is what q might have been referencing too whe he asked About them in the beginning
https://fas.org/irp/offdocs/eo/mo-111301.htm
Bush is the one that authorized use of tribunals
IS this the Supreme Court case q has been talking about?
https://caselaw.findlaw.com/us-supreme-court/317/1.html