no, if my memory is correct the scotus said the geneva convention should apply when they rejected the bush plan.
the independent article doesn't go into the reason there isn't a plan to try these detainees...that being the need for the obama administration to create the format of trials because the previous administration didn't do what was right.
there is not a situation where the trials will never be held (although obama has admitted there are a few who may continue to be held without trial) it is a question of when the trials will begin.
there is also no continued use of torture on the detainees, an act which made it more difficult to go to trial as some evidence may not be credible due to the means of obtaining it and the lack of veracity of that evidence.
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