I'm with Panama here, Rep'd for being sensible, even with an enemy. Certain situations need to be dealt with in a certain way, it's difficult to say, "yeah, just torture them all!", or "no, never torture them!" Either way has drastic consequences. You don't want fearless POW's and you don't want the enemy to torture you because you did it to them first. Just like my dad always told me, there's a time and a place for everything.
And who makes that choice? A judge? A politician? What protections and process is given to guard against mistakes?
No process, no law, no protections. That is not the American way. And that is not something I would want to answer to my creator for, nor something I would entrust to a government to use as it "needs to".