Secretary of Defense Donald Rumsfeld has at last recognized the Geneva Conventions. Observing, correctly, that Iraqs televised display of captured American soldiers violated the laws of war, Rumsfeld said that the conventions spell out the rules governing international armed conflict.
The United States is right to insist that Iraq honor the Geneva Conventions. But its position is weakened by failure to practice what it preaches in holding 641 prisoners without charges at the U.S. military facility in Guantánamo Bay, Cuba.
Here's a copy of a US govm't doc that specifies the prisoners are to be treated as POWs.
"4. (U) EPWs and Civilian Internees should receive the full protections of the Geneva Conventions, unless the denial of these protections is due to specifically articulated military necessity (e.g., no visitation to preclude the direction of insurgency operations). (ANNEXES 19 and 24) "