Have we ever been engaged in a war, where the enemy has treated our prisoners according to the constraints of the Convention? That in itself would show that there is no treaty, since the parties to it do not exist.
I would think your logic is sound but then I'm also not a liberal judge........
I would also think the fact that the Jihadi's violate every condition that would preclude them from protections under the treaty even if their home countries were signatories would be important. But then I'm not a liberal judge...........
I would also think the fact that the US wasn't a signatory would be relevant and that the judiciary hasn't the power to engage in treaties with other nations but then I'm not a liberal judge................
Actually, yes: the Western European Theater in World War II.
It is true that there were isolated cases of individual military units on both sides committing POW atrocities, the Malmedy massacre committed by a German unit and the Dachau Massacre committed by an American unit, for example.
However, over all, both the American Government and the German Government took pains to treat their Western European Front POW's well in the hope that the other side would do the same.
There was a documentary on the History Channel about an American flier that was shot down in France and was captured by the Gestapo in civilian clothes while trying to escape. He, along with some other fliers also captured by the Gestapo in civilian clothes, ended up in a Gestapo death camp where they were literally being starved and worked to death.
One day, they spotted a Luftwaffe officer visiting the camp and one of the American fliers who spoke German risked running up to the Luftwaffe officer and shouting that there were five prisoners there who were military fliers and that they needed to be rescued from the death camp. The Luftwaffe officer said nothing and went away. However, two days later, that Luftwaffe officer returned with military orders in hand to take custody of the American fliers who were then transferred to a Luft-Stalag that, to them, seemed like Club Med with warm clothes and good food.
By contrast, on the Eastern European Front, neither side followed the Geneva Convention and POW's died by the hundreds of thousands. The Japanese had never ratified the Geneva Convention and their treatment of POW's was drastically different than the German treatment of American POW's.
The bottom line is that the Geneva Convention works when the two sides are somewhat civilized and even the Nazis were more civilized than the Islamist terrorists we are dealing with today.
Putting rules on warfare to make it more compassionate is stupid. Warefare must be cruel and harsh, so it ends quicker. Gen Sherman was the first modern Military man who said this.
The Conventions were created to put a happy face on war so the politcians can sleep easier at night.