In discussions of whether the Bush administration has the authority to declare that no-one captured in Afghanistan is entitled to POW status I am frequently told that Taliban soldiers don't qualify for POW status because the Taliban didn't wear uniforms.
The Geneva Conventions don't actually say that a soldier has to wear a uniform. They say that they have to wear something distinctive that can be recognized at a distance.
Note this passage from page 111 of this pdf.
"In Mazar-e-Sharif, Afghanistan, the Islamic Movement of Uzbekistan gave the detainee new clothing which consisted of two long shirts with pants. They also gave him a black turban. The detainee denied knowing that the Taliban wore these clothing items."
The DoD can't have it both ways. They can't detain some suspects because they owned a Taliban uniform, and accuse other suspects of War Crimes because they fought for an army that doesn't wear uniforms.