I think the term is "Civilian Combatant", but anyways, yes... it is an excuse to deny them the basic rights that they are afforded under the Geneva convention. The US can get away with this because the Taliban was not widely recognized (and certainly not by the US) as a government.
I just noticed this thread but the genocide law has changed. Now there has to be a connection with Belgium. Either the victim or the person who commits genocide has to be Belgian. Personaly I think this is the way to go. I'm not saying that people should go unpunished, but it should be on a more global scale. Like the International war court in Den Haag. But from what I've heard, the US don't want to be part of that either, and that is wrong I think. I can imagine that they don't want to be prosecuted in a country that has nothing to do with the purpetrator or victim. But they should obey an international court (like Den Haag)
Why are they so scared of it?
If a person kills thousands of people, he shouldn't be prosecuted in Belgium, but he should apear in front of an international court.