Art. 15. Any Party to the conflict may, either direct or through a neutral State or some humanitarian organization, propose to the adverse Party to establish, in the regions where fighting is taking place, neutralized zones intended to shelter from the effects of war the following persons, without distinction:
(a) wounded and sick combatants or non-combatants; (b) civilian persons who take no part in hostilities, and who, while they reside in the zones, perform no work of a military character.
http://www.genevaconventions.org/Notice it continually says "in the hostile zone" or "conflict zone". Many of these people were seized outside of the hostile zone.
The GC was not meant as a carte blanche to seize anyone anywhere in the world and try them under military tribunals.
And no, just because someone claims the Geneva Convention does not apply to a certain case, that is also not carte blanche to do whatsoever you wish to them. They still have protections, just as any foreign citizen does.
Art. 4. Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals.
Nationals of a State which is not bound by the Convention are not protected by it. Nationals of a neutral State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are.
As you can see, people seized in foreign countries who are not party to the conflict do not apply.
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