Correct. The GITMO detainees are indeed not covered by the Geneva Convention. But they are in some kind of "Gray Area", legally speaking. And as we all know, liberal-democrats love to wallow in "Gray Areas". So I guess Sen. Durbin is happier than a pig in sh-- right about now.
Could they be technically be executed like out of uniform Germans behind lines were in WW II?
It was well within the Geneva Convention guidelines then and would be a hoot to see what all these people whining about use of the Geneva Convention would say if we applied it now and strung up every single one of them.