The first strategic crisis created by the Bush-Cheney torture regime is now occurring. It won't be the last.
Possibly, but these guys were in uniform and part of an organized military. While we might want to extend protections to those at Gitmo, I've never found utility in throwing out that distinction. What's more, Iran, I'm guessing, would be considered a "High Contracting Party" to Geneva, so the case is even stronger than if these soldiers were captured by the jayesh-al-group-du-jour, say.
link: Bootstrapping Andrew Sullivan