did you read the rest of my post? custom and law are 2 different things. these barbarians are not afforded geneva convention rights. period. and 5 libs who use world law to make rulings for the united states does not change that. are you a conservative?
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.