I am particularly troubled by the phrase “obtain information more quickly and with less pain inflicted.” The Third and Fourth Geneva Conventions prohibit any pain being inflicted, as do the International Covenant on Civil and Political Rights (Article 7), the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the UN Standard Minimum Rules on the Treatment of Prisoners!

The Third Geneva Convention which covers the treatment of enemy POWs provides that while they are POWs the detaining power may interrogate them but POWs are only required to provide their names, date of birth, [and if applicable] their rank and serial number under questioning. POWs, cannot be punished if they do not.

“No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind.” (Article 17).

The U.S. government has claimed that prisoners held at Guantánamo Bay are “enemy combatants” not POWs as defined by the Third Geneva Convention. This is legally dubious, but even if you accept this then they are protected by the Fourth Convention covering civilians. The Conventions do not allow detained persons to fall through the cracks. They must be protected by either the Third or Fourth Convention.

The Fourth Convention provided that they are protected from torture and other cruel, inhuman or degrading treatment as set out under international human rights, and customary international law. And Article 2 of the Convention against Torture states:

“No exceptional circumstance 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.”

It also needs to be pointed out that if there is any doubt about the status of detained persons then a “competent tribunal” to determine individually whether detainees are entitled to prisoner-of-war status must be convened. AFAIK, not one of the persons detained either at Guantánamo or Abu Ghraib has had his status determined by a “competent tribunal.” Until such a determination is made they must be afforded POW status under the Third Convention.

I don’t understand his reference to:

serious wars like WWII where such training and consultations, to defeat Nazism, was essential to the military’s operation”

I very much doubt that any “Nazi,” by which I assume he means German POW, was tortured in the way prisoners in Guantánamo Bay and Abu Ghraib have been!