Here is a link to the unanimous Army Court of Criminal Appeals opinion finding Art. 2(a) (10), UCMJ constitutional. United States v. ALAA MOHAMMAD ALI, No. 20080559, Slip op. (A.Ct.Crim.App. Jul 18, 2011). Here is one relevant exceprt:
As noted in Reid v. Covert, “the extraordinary circumstances present in an area of actual fighting havebeen considered sufficient to permit punishment of some civilians in that area by military courts under military rules.” Covert, 354 U.S. at 33. “In the face of an actively hostile enemy, military commanders necessarily have broad power over persons on the battlefront.” Id. This recognition by the Supreme Court of the historical use of military courts to try civilians in areas of actual fighting, coupled with the recognition of the broad authority of military commanders on the battlefront would seem to authorize, or at least not prohibit, the exercise of military jurisdiction over appellant by the commander of the United States forces in Iraq.
More analysis later.