Let's be honest . . .
1) These guys were overseas for the purpose of getting information from them by any means necessary.
2) #1 invariably led to violations of the Common Article 3 of the Geneva Conventions.
3) How do we know #2 occurred? We won't get the details until Bush (or Gonzalez or Ashcroft or Tenet or Goss) prosecutions start . . . but why else would you ghost people? It's not like Al Qaeda didn't KNOW these guys were captured.
4) According to Bush interrogations were aggressive but not torture. Curiously, there is no prohibition against aggressive interrogations in the Geneva Conventions. I wonder how retarded you have to be to think water boarding is aggressive but not torture . . . or that pain consistent with organ failure is a reasonable threshold?
Part of the problem lies in the fact that these prisoners do not fall under any category traditionally associated with the Geneva Convention or Just War Theory.
These insurgents are combatants, but not serving under the flag of a sovereign nation...there are no governing bodies who serve the interests of protecting these individuals...similarly, as insurgents and terrorists, they somewhere fall between the categories of POWs and international criminals.
Similarly, the intelligence and information these prisoners can provide could arguably help bring a swifter end to this conflict...and apparently torture is the only thing some of these prisoners seem to understand.
I fully support the notion that America, even in times of war, must behave in a manner that is consistant with our core values...however, I also recognize that warfare will always deteriorate down to the lowest common denominator...these insurgents have demonstrated a complete lack of respect for the Geneva Convention and Just War...why must America comply with standards of conduct that our enemies willingly and blatantly ignore?
I don't have an answer to these questions, as this entire scenario is unprecedented. I have no sympathy for these Al Quaida and insurgent knuckleheads who specifically target and/or use civilians as human shields...however, I do recognize that mistakes can be made, and I am not comfortable with the notion of our torturing wrongly accused innocent civilians.
That being said, Americans are somewhat ignorant of how our nation has conducted itself in times of war throughout history...take WW2 for instance, arguably the most just of wars that America has ever fought...even in that conflict, our nation accepted a certain degree of collatoral damage to bring about a swifter end to the war.
Now, I recognize that our unsubstantiated justifications for invading Iraq has muddled the situation quite a bit...but the war in Iraq has drawn our enemies out, and I don't think it is a leap of faith to believe that Islamic militance poses a far greater threat to America then the Nazis and Japanese ever did. If America wanted to, it could have remained isolated from WW2, as it did for much of WW1...there is no way to isolate ourselves from an enemy that does not owe allegiance to any one nation, and whose demands and stated goals are totally incompatible with the modernized, civilized world.