This is a semantic argument, making technically legal a practice that any thinking person knows is not right, regardless of his/her knowledge of the law.
Do scientific terms like zygote, fetus and infant serve any real purpose or are they semantics? When the courts refer to these terms, are they doing so for the purpose of clarification or simply making semantic arguments? When an abortion advocate says its ok to terminate a zygote but not ok to terminate an infant, is he making a semantic argument? Most importantly, is anyone blaming the biological terms for the political argument over abortion? This is what I see you as doing... you're blaming our use of the term "enemy combatant" for the treatment some detainees were subjected to known as "enhanced interrogations". It would be like me saying that because you use the term zygote, you think you can kill the individual and if we'd have only changed the term zygote to something else, you'd recognize him as having rights. Simply put, its the
fallacy of Non-causa-pro-causa, a fallacy of false cause.
The GC spells out who POW's are, and what persons have to do in order to qualify as POW's. They didn't fit that term.... in fact, there were no terms in the GC that fit these particular individuals or our situation, save spies... whom we'd be in our rights to execute accordingly. So we decided that we needed a new term that would specify who these people were and how they were to be treated.
Despite the caterwauling of people like yourself who claim we did this in order to "legally torture" people and deny them any and all human rights, the issue of harsh interrogation is a separate, albeit related, issue. Please try to divorce that issue from the one at hand for the purpose of understanding why we created the term "enemy combatant" to identify those we picked up on the battlefield.
The Administration recognized that simply granting them POW status meant we couldn't give them any trials*, we couldn't release any of them*, and we'd be stuck with everyone picked up on the battlefield till the end of hostilities* (in a war with no clear end). Any reasonable individual would recognize that granting them POW status is neither desirable nor practical.
We wanted to give them tribunals, we wanted to release those who didn't pose a threat and hold, in some cases indefinitely, those we found to be a threat. To do those things, we had to create the term "enemy combatant". We did not deny human rights or torture as a result of our creating this term, we did not use the creation of this term as an excuse to deny human rights or torture. Such accusations are political pablum that intentionally blur the issues of enhanced interrogation and our creation of terminology to draw connections that don't exist.
As for enhanced interrogation... Please look at this diagram again, since you seem to have missed, or ignored, it every other time its been posted:
There are 5 levels of interrogation in the AFM, all of which are in line with the GC and international law. Once a terrorist gets through all 5 levels, do you just sit on your hands and say "oh well, innocent people will just have to die because I can't make any physical contact lest I violate his human rights as well as the GC and AFM."... Is that what you would say, oh well?
Do you approve of any physical contact for those who go beyond level 5?
If so, you'd be supporting violations of their human rights, the GC and AFM which you care so much about upholding.
If not, you're potentially putting lives at risk and treating hardened terrorists with far less harsh interrogation techniques than we subject common criminals to, at the hands of local police, here in the states.
Beyond level 5 are the "harsh interrogation techniques", techniques that were approved, and overseen, by a bi-partisan congress and crafted by a TOTALLY DIFFERENT GROUP of people from those who developed the terminology of "enemy combatants".
Again, you're blaming our use of the term "enemy combatant" for the treatment some detainees were subjected to known as "enhanced interrogations" when its not a direct cause and effect relationship as is being eluded.