Where in the Geneva conventions does it say that they apply to all warring parties? I'm genuinely asking. My understanding is that they apply to signatories only:
https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/ART/375-59...
In addition to the provisions which shall be implemented in peace time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.
So, it applies to conflicts between signatories or conflicts involving a signatory and a non-signatory who accepts the terms of the convention. So you're right that it's not strictly nation states. But it's also not every combat participant by my reading.
> What your position is based on, according to yourself, is wrong. I added this link around ten minutes before you posted that:
> https://en.wikipedia.org/wiki/Military_Commissions_Act_of_20...
> It address exactly those unlawful combatants and laws.*
This is not a treaty. Also, the problem with retaining people indefinitely doesn't go away because we pass a law declaring that we can call them combatants. We know that we have detained innocent people in Guantanamo for extended periods of time. You can legally call them whatever you want, but it's still morally repugnant to hold innocent people indefinitely. (It is morally repugnant to hold anyone indefinitely without trial because it indicates an unwillingness or inability to establish guilt.)