Conrad asked for a link to ‘proof’ that there are ‘innocents’ at Guantanamo. Is this Time article it?

A U.S. military official tells Time that at least 140 detainees¬ó”the easiest 20%”¬óare scheduled for release. The processing of these men has sped up since the Supreme Court announced it would take the case, said the source, who believes the military is “waiting for a politically propitious time to release them.” U.S. officials concluded that some detainees were there because they had been kidnapped by Afghan warlords and sold for the bounty the U.S. was offering for al-Qaeda and Taliban fighters. “Many would not have been detained under the normal rules of engagement,” the source concedes. “We’re dealing with some very, very dangerous people, but the pendulum is swinging too far in the wrong direction.”

I’m no lawyer or human rights specialist, and I have no worries about what happens to proven terrorists. I just don’t understand why the Geneva Conventions do not apply to a war against terrorism? Specifically Article 5 of the Third Geneva Convention that requires the establishment of a competent tribunal “should any doubt arise” as to whether a detainee meets the requirements for POW status contained in Article 4.

Is it because ‘terrorism’ isn’t a country? Or that the Taliban and al-Queda are not High Contracting Parties of the Geneva Conventions?