The Taliban members who wore uniforms and followed the rules of war are covered by the Conventions. Those that did not wear uniforms or follow the rules of war are not covered.

However, that has no bearing on their being at gitmo. They're prisoners of war, and until something can be decided on what to do with them (I personally think they should just hold military tribunals and punish the guilty and release the innocent), that is wear they are going to stay.