Dave, in the interest of fairness (since I strongly agree with your broad argument) I should point out the Taliban were not recognized by the United States as the legal government of Afghanistan. How does that affect the applicability of the Conventions? Similarly, considering that the Taliban have not surrendered and continue to mount offensives in Afghanistan, would it not be possible for the United States to continue to legally hold many of the detainees as prisoners of war?

Andrew, say more! After all, there are three conflicts, which are linked but not identical. One is a counterterrorism campaign against Al Qaeda and other radicalized "Islamists." (I lack a better word for the ideology.) The other two are counterinsurgencies in Iraq and Afghanistan. I see the parallel with the Barbary Wars for the first, but it's not entirely obvious.