The United States Government has argued that the Geneva Conventions do not apply before the United States Supreme Court. Further we have sworn Congressional testimony from the administration on at least three instances of prohibited activity.
And, of course, we have the beating death of Abed Hamed Mowhoush and the torture crucifixion of Manadel al-Jamadi. Both of these have autopsies assigning causes of death to torture, and both have been subjected to administrative review and found to be in line with US policy (no prosecution of discipline).
We could go on and on, for example, back in 2004 General Antonio Taguba submitted a report concluding that US guards had subjected Iraqi detainees to “numerous incidents of sadistic, blatant and wanton criminal abuses.” And that the abuses were “egregious acts and grave breaches of international law.” Most importantly, it described the acts as the inherent result of General Miller’s recommendations.
If I were to make that argument I would point to our treaty obligations under NATO and our membership obligations to the UN. Preventative war is prohibited under international law and direct treaty. But I have not made that argument. I have merely pointed out that there is a difference between pursuing what is perceived to be in national self interest and moral obligations of Catholicism. If you torture prisoners, use extraordinary rendition, pay hush money when drunken Pinochet thugs gun down pregnant civilians for sport, or arm Sunni militia who, in turn persecute Christians, murdering them and driving them from there homes - Rome will (and has) object, and seemingly rightfully so. We have ignored Rome’s appeal to provide safe havens in the north for Christians and other refugees that our policies are creating. Like torture, the disregard for civilian non combatants is also non negotiable to Catholics.
There are times when say, being a neo-conservative Republican and being a Catholic will collide. But time and time again, we are shown that God rewards the right path, not the expedient one. Consider again the beating/crucifixion of Manadel al-Jamadi. Having beaten the man near death and then handcuffed him up to suffocate, his interogaters were not sure what to do with his body, so they stashed it at Abu Graib, where grinning guards posed with it. Now we have images of his widow and son posing with such a photo (a female soldier no less):
http://media.npr.org/programs/atc/features/2005/oct/jamadi/family_400.jpg
Could we have produced a better rallying cry for anti-American violence in an occupied Islamic state? So you have the worst of all possible worlds. You are using a technique which is largely useless (tortured prisoners tell their interogators whatever they think they want to hear - that is why so much of of ‘intelligence’, like the mobile biolabs, turned out to be worthless with regards to Iraq), you are providing recruitment posters for your enemies, losing the hearts and minds of the average citizen, and having representatives of the state risk their own salvation. Simply redefining torture does not make this any less evil or stupid (from a national self interest point of view).