Normally you have to be at war with another country and if he had been caught on the field of battle or a member of the Gov. or army then the POW would apply. The other problem is there enough usable evidence to even bring him to trial, if US court doesn't allow torture statements, were as Military court would.
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Initial report: Man lightly wounded in stabbing attack at Gush Etzion junction in W. Bank. (Haaretz)
from the article: Report: U.S. trial unlikely for self-proclaimed 9/11 mastermind