Once prisoners are in our custody, they most certainly ARE afforded Geneva protections. That's because if we are unsure of their status, they are to be treated as captured lawful combatants. That's the law.
Since we have warehoused them for about five years, never declared them to be EPWs or held any proceedings to declare them as such, and from the outset were captured in an undeclared war, it is safe to say that we are unsure of their status. There is a lot of legal ambiguity that the ACLU, the World Court, and other liberal lawyers have wet dreams about filing law suits over.
You have not read the Geneva convention, have you? I was in the military. It was required reading. Try reading it before you comment. And please, go back to DU and post over there.
Lawful combatants wear uniforms. Combatants without uniforms are saboteurs. The Geneva Convention does not apply to saboteurs. Sorry.