Geneva Convention relative to the Treatment of Prisoners of War

So, I read the primary material:

Geneva Convention relative to the Treatment of Prisoners of War:

Professor Yoo seems to have ignored in his law review article the following provision:

"The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance."

So as a contracting state, the Geneva Convention applies to the U.S. when it invaded and partially occupied Afghanistan, REGARDLESS of the nature of the enemy.

With respect to his attempt to make distinctions out of "legal combatants" and "illegal combatants, "Professor Yoo seems to have ignored in his law review article the following Article 5 paragraph:

"Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal."

So, if the law review article sets forth the arguments made in Professor Yoo's memos, I am unafraid the President may not be able to rely on an "advice of counsel" defense vis a vis the Federal War Crimes Act, as the legal competency of the memos may be in question.