Legal Torture ?

I heard a compelling argument as to why the Geneva Conventions do not apply to al Qa'ida detainees. Nevermind the fact that I think the context of this argument is ludicrous - the 'War on Terror' is the biggest yellow submarine or whatever the metaphor is, and al Qa'ida is an idea - how do missiles work to defeat an idea? Anyhow, I heard it and it made sense. Have a listen and tell me what you think. I think the most definitive measure of greatness is noted in how a nation, or a person, treats its worst enemy. In my opinion, the hideous nature of Guantanamo Bay reveals the lack of development and civilisation that this nation claims as its hallmark. That, and the dire state of public transport. The argument put forth by John Yoo was difficult to poke through. Obviously I don't want to agree with him but I think the next step here is to reread the Conventions and see what I come up with.