not prisoners of war

In January 2002, White House Counsel Alberto Gonzales advised President Bush that a benefit of not applying the Geneva Conventions to detainees picked up in the Afghanistan conflict would be that prosecutions of US personnel under the US War Crimes Act would be more difficult. Two weeks later, on 7 February 2002, the President signed a memorandum confirming that no Taleban or al-Qa’ida detainees would qualify as prisoners of war, and that Article 3 common to the Geneva Conventions would not apply to them either.
Common Article 3 guarantees minimum standards of fair trial. It also prohibits torture, cruel treatment and "outrages upon personal dignity, in particular humiliating and degrading treatment".