Since neither of those conditions is applicable to the Taliban or al Qaeda and their ilk, the Conventions are simply irrelevant. We're under no restrain but our own unilateral will here.

And your proof, Stirling, that everyone currently being held without trial is a member of the Taliban or Al Qaeda is...?

With the precedents set so far, there's nothing to stop your door being bashed in and you dragged off to confinement and interrogation without trail or habeus corpus for three years, just because George Bush said so.

Admittedly, this particular example wouldn't be that bad. But it could happen to half-way decent Americans as well, and that would be bad.