I start to think that the West sometimes is still trapped in their superiority complex. They still think that they're better than other. By allowing themselves to follow the rules, regardless what the other side is doing, the West thinks they're taking a higher ground. To some degree, this is like some one who is patronizing another person. The difference is, in this case, the other guy wants to kill you.
It seems a new Geneva Convention may be needed that would address this kind of situation. However, we know how a decision in an international forum is made. Especially in this case.
I don't want the US losing its legal argument in the long term, but neither do I want to give the terrorists the same rights as captures in conventional war have. If only the SCOTUS established that not all wars are under Geneva Convention...
Combatants that don't wear uniforms and don't follow any form of civilized code are not covered by the Geneva convention. So the problem isn't really with the Geneva convention. It is the fools who are trying apply the Geneva convention to these unlawful combatants that are not entitled to any such coverage.