You cannot litigate war.
War is the state that exists when you are beyond the capacity of civilian law to protect you. When normal civilian law is insufficient to contain or resolve a conflict, when men in suits with briefcases backed by cops with pistols are no longer adequate to the threat at hand, you are by definition at war.
During this period in time you are not going to issue subpoenas, you are not going to read anyone their rights, you are not going to cite anyone or see them in court. You are going to send stout men with guns to kill them, them and anyone unfortunate or foolish enough to be standing nearby. You are going to re-define the facts on the ground, you are going to create a new status quo.
You are not going to recreate the previous status quo, because that is the “status quo” that brought you into war in the first place. You are going to re-draw the maps, redefine the demographics, re-write constitutions, and put people into graves who sorely need to be there.
Then, and only then, when a new status quo emerges that you can live with, that does not threaten you, you return to “rule of law” and the rule by men in suits with briefcases.
If judges and attorneys are sufficient to protect you, you are not yet at war. But once you realize you are at war, judges and attorneys are of no use to you until the war is won and over.