Question About War Crimes Trial

First Guantanamo war crimes trial under way | Reuters,

The first U.S. war crimes trial since World War Two began on Monday at the U.S. navy base in Guantanamo Bay, Cuba, nearly seven years after the September 11 attacks prompted President George W. Bush to declare war on terrorism.

I want to be sure I have this right. According to the Republicans the people at Guantanamo are not subject to the Geneva Conventions because they are “unlawful combatants” not engaged in “war” as defined by the conventions. But now they are being “tried” for “war crimes.”
Isn’t this having it both ways? Either they are or are not.

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