"'3. The US and the UK are not in breach of the GC - there is a legal tussle over the nature of "enemy combatants" but again this isn't the same thing as claiming that the UK and the US do not pay any heed to the GC.'"
Completely accurate. The GC has specific definitions and terms for treatment of individuals involved in a theatre of combat - the three general terms are "(lawful) combatant", the related "prisoner of war" and the obvious "civilian".
The definition of "Combatants" and the related "Prisoner of War" are explicity defined in article 4 of the third geneva convention. The full definition is too long to quote but the most relevant points are below:
- Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.
- Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfill the following conditions:
(a) That of being commanded by a person responsible for his subordinates;
(b) That of having a fixed distinctive sign recognizable at a distance;
(c) That of carrying arms openly;
(d) That of conducting their operations in accordance with the laws and customs of war.
Unlawful combatants (for example foreign fighters captured in Afghanistan) fall in to the grey area known as "unlawful combatants" as they do not meet the requirements of the definition above - indeed they are not dealt with at all in the GC.
There is some debate as to how these unlawful combatants should be handled. There is one school of thought that considers enemy combatants as effectively the same status as spies or merceneries in that a national of a neutral state, with normal diplomatic representation, is not a protected person and as such can be executed pretty much on the spot. There is another (and I gather more accepted) view that unlawful combatants are protected under the 4th GC and should be treated humanely with the combatant receiving a "fair and regular trial prescribed by the present Convention", to decide on guilt and punishment.
But as I say, it's very much a grey area.
So no, not utter bullshit.