So essentially they aren't going to get a fair trial no matter what then, no surprise, although strange when the US is meant to be the freedom loving nation we hear of.
The term "coined by Rumsfeld" was used to define something which was not set out in the Geneva Convention. The rules at the time it was drawn were in regards to State "armies" rather than individuals which chose to fight, hence combatants
This is a nice misconception the administration uses to its advantage (after it told you a lie, again, no surprise)
Civilian Internees, Including Unlawful Combatants
Civilians should only be interned “for imperative reasons of security”36 or “probable cause incident to criminal investigation.” 37This category would include persons engaging in belligerent acts but who are determined by an Article 5 tribunal not to be entitled to POW status under article 4 of the Third Geneva Convention (what the U.S. government has recently referred to as “unlawful combatants”). Such persons may be prosecuted merely for engaging in combat, as well as for any war crimes they may have committed. Iraqi nationals who are unprivileged belligerents remain protected by the Fourth Geneva Convention, and are entitled to a fair trial before they can be punished.38 The same rule applies to members of Al Qaeda or other armed groups who may be found in Iraq and suspected of crimes. Depending on their nationality, some of these may be protected by the Fourth Geneva Convention;39 those who are not protected persons under the Fourth Geneva Convention because of their nationality are nonetheless entitled to fair and humane treatment under Article 75 of Protocol I, which is part of customary international law. 40In particular, they are entitled to fair trials.
http://www.humanrightsfirst.org/iraq/iraq_02.htm
Now, lets look clearly at article 75:
Article 75.-Fundamental guarantees
1. In so far as they are affected by a situation referred to in Article 1 of this Protocol, persons who are in the power of a Party to the conflict and who do not benefit from more favourable treatment under the Conventions or under this Protocol shall be treated humanely in all circumstances and shall enjoy, as a minimum, the protection provided by this Article without any adverse distinction based upon race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria. Each Party shall respect the person, honour, convictions and religious practices of all such persons.
2. The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by civilian or by military agents:
(a) Violence to the life, health, or physical or mental well-being of persons, in particular:
(i) Murder;
(ii) Torture of all kinds, whether physical or mental;
( iii ) Corporal punishment ; and
(iv) Mutilation;
(b) Outrages upon personal dignity, in particular humiliating and degrading treatment, enforced prostitution and any form of indecent assault;
(c) The taking of hostages;
(d) Collective punishments; and
(e) Threats to commit any of the foregoing acts.
3. Any person arrested, detained or interned for actions related to the armed conflict shall be informed promptly, in a language he understands, of the reasons why these measures have been taken. Except in cases of arrest or detention for penal offences, such persons shall be released with the minimum delay possible and in any event as soon as the circumstances justifying the arrest, detention or internment have ceased to exist.
4. No sentence may be passed and no penalty may be executed on a person found guilty of a penal offence related to the armed conflict except pursuant to a conviction pronounced by an impartial and regularly constituted court respecting the generally recognized principles of regular judicial procedure, which include the following:
(a) The procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged against him and shall afford the accused before and during his trial all necessary rights and means of defence;
(b) No one shall be convicted of an offence except on the basis of individual penal responsibility;
(c) No one shall be accused or convicted of a criminal offence on account of any act or omission which did not constitute a criminal offence under the national or international law to which he was subject at the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; if, after the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby;
(d) Anyone charged with an offence is presumed innocent until proved guilt according to law;
(e) Anyone charged with an offence shall have the right to be tried in his presence;
(f) No one shall be compelled to testify against himself or to confess guilt;
(g) Anyone charged with an offence shall have the right to examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
(h) No one shall be prosecuted or punished by the same Party for an offence in respect of which a final judgement acquitting or convicting that person has been previously pronounced under the same law and judicial procedure;
(i) Anyone prosecuted for an offence shall have the right to have the judgement pronounced publicly; and
(i) A convicted person shall be advised on conviction of his judicial and other remedies and of the time-limits within which they may be exercised.
5. Women whose liberty has been restricted for reasons related to the armed conflict shall be held in quarters separated from men's quarters. They shall be under the immediate supervision of women. Nevertheless, in cases
where families are detained or interned, they shall, whenever possible, be held in the same place and accommodated as family units.
6. Persons who are arrested, detained or interned for reasons related to the armed conflict shall enjoy the protection provided by this Article until their final release, repatriation or re-establishment, even after the end of the armed conflict.
7. In order to avoid any doubt concerning the prosecution and trial of persons accused of war crimes or crimes against humanity, the following principles shall apply:
(a) Persons who are accused of such crimes should be submitted for the purpose of prosecution and trial in accordance with the applicable rules of international law; and
(b) Any such persons who do not benefit from more favourable treatment under the Conventions or this Protocol shall be accorded the treatment provided by this Article, whether or not the crimes of which they are accused constitute grave breaches of the Conventions or of this Protocol.
8. No provision of this Article may be construed as limiting or infringing any other more favourable provision granting greater protection, under any applicable rules of international law, to persons covered by paragraph 1.
Conclusion, the term "illegal combatant" is in fact, illegal in itself, in that it breaks the Geneva convention.
Who exactly are the barbarians here? (Hint, it's the same country as Kilmoll)
gitmo
