Human Rights Watch on torture in the NY Review

...The treatment of prisoners alleged here also violates US obligations under international human rights law. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment provides that "no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture." The International Covenant on Civil and Political Rights, which also bans torture and other mistreatment, ensures that the right to be free from torture and other cruel, inhuman, or degrading treatment can never be suspended by a state, including during periods of public emergency.

These standards have largely been incorporated into US law that is applicable to members of the armed services. The War Crimes Act of 1996 (18 USC 2441) makes it a criminal offense for US military personnel and US nationals to commit war crimes as specified in the Geneva Conventions. The federal anti-torture statute (18 USC 2340A), enacted in 1994, provides for the prosecution of a US national or anyone present in the United States who, while outside the United States, commits or attempts to commit torture.

Human Rights Watch calls for investigations into all allegations of mistreatment of prisoners in US custody. Appropriate disciplinary or criminal action should be undertaken against all those implicated in torture and other abuse, whatever their rank. As we have reported elsewhere, there is increasing evidence that high-ranking US civilian and military leaders made decisions and issued policies that facilitated serious and widespread violations of the law. The circumstances strongly suggest that they either knew or should have known that such violations took place as a result of their actions. There is also mounting information that, when presented with evidence that abuse was in fact occurring, they failed to act to stop it.