Here is the proof:
http://lawofwar.org/Torture_Memos_analysis.htm<1) As long as there is a genuine issue of fact or law regarding the status of captured individual combatants who are members of the Taliban or Al Qaeda, the Third Geneva Convention of 1949 must apply, until properly otherwise determined. Article 5 of that Convention provides, in part, that "Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal." (Emphasis added).<snip>
<...3) No Article 5 tribunal (see, Army Regulation 190-8, Section 1-6) has been convened or held regarding any captured member of Al Qaeda3 or the Taliban.
4) Accordingly, any such persons are protected by the Third Geneva Convention until a competent tribunal determines otherwise. It appears quite certain that such a determination if it did occur, would not operate retroactively to validate actions by captors which were otherwise violations of the rights of protected persons.<snip>
My comment: The truth is the GITMO operation is being operated in a legal vacuum in an attempt to protect participants from prosecution or other litigation. It is a step beneath the treatment of prisoners of war adopted by communist nations during the cold war. These countries gave nominal deference to the Conventions. They sought to conceal their violations and torture from inspectors and the media. The American strategy is similar but one step beyond because of the refusal to even acknowledge the applicability of the Conventions. The forms of torture developed are of the non-impact, low impact and psychological variety. Those who have had military POW training know exactly what this is. It is torture that doesn't leave marks on the body.
This allows the apologists for the Geneva violations in the Congress free to make misleading spin commentary referrable to the diet and nutrition of the prisoners as if this proves that we are not in violation of the Conventions, or in fact, conducting torture techniques.