Guantanamo Bay

What happens when you break the law? You're arrested, tried, and punished. Yes?
Well, no. You see, America is breaking the law. It has been for some time now, but they're not being punished for it. I'm talking about Guantanamo Bay, a camp where we have reports of prisoners being tortured. THe Geneva Convention, which America has signed, expressly forbids the torture of Prisoners of War. That's what these people are, PoWs. So America is breaking the law by torturing them.
Of course they can't be PoWs, because if they were, why would America be trying to have them tried by a Military Tribunal? So they must be criminals. If so they should have been charged, and they still shouldn't be being tortured, it says so under American law.
Well, the Americans are trying to get round this by saying that they are "Enemy Combatants" and therefore afforded no rights by the Geneva Convention, or American Law. Yes, "Enemy Combatants". This is a phrase invented by the Bush Administration to try and get round the legal points that have been raised (see, they know that they're breaking the law). However, aren't Enemy Combatants that have been captured PoWs?