Hick's charged with 'war crimes'.. why no Geneva rules then ?

[the Kelly Gang]

Bush & Co are claiming the Geneva rules for detainees don't apply to Guantanamo Bay inmates, yet they have charged David Hicks with "conspiracy to commit war crimes".
I just don't get it.
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Traitor's choice
By PHILLIP COOREY in NEW YORK
June 12, 2004

"CROUCHED behind a tank with an automatic rifle, Australian terrorist David Hicks set his sights and prepared for war against his homeland.

Alongside his al-Qaeda associates, Hicks was guarding a Taliban tank as US forces launched an assault on Kandahar Airport in the opening battle of the war on terror.

The story of the 28-year-old's journey from jobless farmhand to globe-trotting gun-for-hire emerged yesterday as he was charged with terror offences."

http://dailytelegraph.news.com.au/story.jsp?sectionid=1258&storyid=1463850