Salamandagator - Your logic is as slippery as your namesake...
Torture is a crime.
Why is it a crime? Because it robs a person of their humanity. You think that waterboarding is not a crime because there is no specific statute on the books that expressly prohibits waterboarding?
Me thinks that is faulty logic. I dare say that if anyone now currently confined in our legal justice system was waterboarded just once then they would have a criminal case against the agency or department that authorized it and the individuals that performed it.
There is legal precedence for this in the 1983 case.
As for POWs - The Geneva Convention clearly states:
Article 13
Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest.
Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity.
Measures of reprisal against prisoners of war are prohibited.
Article 3
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply, as a minimum, the following provisions:
1. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) Taking of hostages;
(c) Outrages upon personal dignity, in particular, humiliating and degrading treatment;
(d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
2. The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.
So SlimyMandor - The bottom line is that by your twisted logic you are attempting to not only not follow the letter of the law but you are not even trying to follow the spirit of the law and the International Treaty that we have signed onto.
Your logic is as tortured as Cheney's www.drudge.com
Waterboarding is clearly cruel treatment and torture and torture is illegal.
No wonder Arlen Spector has left the GOP. The Party that tries to defend torture has already surrendered to the so-called Terrorists already. And in fact has become one of THEM!
And who (in their right mind) would want to be associated with that?