TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113C - TORTURE
-HEAD-
Sec. 2340. Definitions
-STATUTE-
As used in this chapter -
(1) "torture" means an act committed by a person acting under
the color of law specifically intended to inflict severe physical
or mental pain or suffering (other than pain or suffering
incidental to lawful sanctions) upon another person within his
custody or physical control;
(2) "severe mental pain or suffering" means the prolonged
mental harm caused by or resulting from -
(A) the intentional infliction or threatened infliction of
severe physical pain or suffering;
(B) the administration or application, or threatened
administration or application, of mind-altering substances or
other procedures calculated to disrupt profoundly the senses or
the personality;
(C) the threat of imminent death; or
(D) the threat that another person will imminently be
subjected to death, severe physical pain or suffering, or the
administration or application of mind-altering substances or
other procedures calculated to disrupt profoundly the senses or
personality; and
(3) "United States" means the several States of the United
States, the District of Columbia, and the commonwealths,
territories, and possessions of the United States.
This definition of torture is very broad. It is easy to see how under this definition advanced interrogation techniques can be considered torture. Morally, I don't think a human being should subject another human being to torture. That being said, America should not engage in torture and neither should anyone else.
So to answer the question if captured American troop should be subjected to torture, I say no.
The reason is, a big part of me does not consider the advanced interrogation techniques as bona fide torture. Limits were set and in place to insure that 'torture' was never administered. Are the methods intense? Yes. Do they hurt and possibly cause mental and physical harm? Yes. But I don't believe that American interrogation goes too far. We are not dismantling or disfiguring the human body. The pain and suffering caused through our techniques goes just far enough to push the envelope, but it does not cross into certainty, especially when considered in the context of comparison to our enemies techniques and the overall physical and mental condition of those being 'tortured' . I believe our methods of interrogation are reasonable and should not be considered torture. Thus, if our enemies captured American soldiers and subjected them to the same types of interrogation methods, I would not classify that as a war crime.