A few weeks ago I had a discussion with someone on Twitter about whether or not President Bush should be prosecuted for his role in Guantanamo. My stance was "no" and my friend's stance was "yes". I have been rethinking my general opinion of it ever since.
The fact that terrorists were tortured with the intent of gaining information from them does not trouble me. I "get it" that people who are willing to absolutely sacrifice themselves - go down with the ship and take as many people (often Americans) with them as possible - are not going to willingly offer up helpful information in an American court. There seems to me to be no other way of getting any information from these people who obviously could give us a little.
However, that said, it does bother me that those who administered torture to the prisoners at Gitmo in many cases seem to have actually enjoyed doing it! Even if a person "deserves" it (in one's opinion), it is NEVER justifiable that any human being could delight in the destruction and torment of another. It is inhuman - it goes against what it means to be human and share the other person's experience of being human.
I do also believe there is a time and place for the death penalty, and many (if not all) of those who were detained at Guantanamo deserve it (in my opinion). And for the sentencing, yes, I believe they should be tried in an American court of law with due process.
Finally, my opinion has not changed regarding President Bush: I do not believe he should be prosecuted for his role in the proceedings at Guantanamo. Like I said at the beginning - there just seems to be no other way to get needed and potentially (definitely) available information from people who are willing to die not to give it. It is the meanness and general vindictiveness of the guards and administrators of the torture that I think needs to be examined/prosecuted.