International law provides very specific rules for the treatment of those who are citizens of other countries. During a time of war there are sensible differences in how soldiers and civilians are to be treated, but all citizens of the enemy are covered.
The Bush administration's solution? Create a new category of person: the "illegal enemy combatant." They're not covered by international law, heck, they're not even mentioned in international law. So we can lock them up and torture them without violating any international law.
Then there's the matter of "war crimes," which the president might be accused of at some point. But international law covers only war crimes against other "nations."
The Bush administration solution? Create a new category: the "failed nation state." Afghanistan is one, Iraq is another, and since international law doesn't even mention failed nation states, the U can go ahead and invade and occupy these places without fussing over possible war crimes.
And who is the creative genius behind these legal contortions?
Attorney General designee Alberto Gonzales.
The New Yorker - Outsourcing Torture: The secret history of America’s “extraordinary rendition” program.
The Seattle Times: Politics: Treaty doesn't bar cruelty, Gonzales says
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