Let me clarify it for you. Any persons performing an act of sabotage, espionage, or military operation on behalf of a foreign power, entity, or political movement against the U.S. falls under the rules of the Geneva convention.
Any person caught in common civilian clothing and not being recognized as a member of a standing army and is captured in a non-set piece conflict or committing espionage or sabotage, must be quickly tired for guilt and summarily executed.
We follow that law so that nations won't have to build Getmo' and have never ending wars on terrorism. Try them interrogate them, then follow the law. Free them or shoot them.