You are only confusing the situation by not looking to the basic breach of discipline, and that is all he is charged with.
If that is truly the issue then you'd do well to not refer to a screed that revolves around the premise that our actions are contrary to the Geneva Convention...
You have to admit that there's been a spiraling out of control of the media spin on each side here. Col. West may have "broke the rules", but that infraction should have warranted quite a bit milder treatment and maybe a review of how we treat combatants out of uniform (with a subsequent dispersal of the negative aspects of harsher non-uniformed combatants treatment to the locals). It's obvious that the current situation will just have people over there walking on eggshells should he be hammered, and the fact that he faces a harsh punishment is the reason this has been brought into the public spotlight...