Well maybe its not
A key element of the torture program was "extraordinary rendition" Program. The US rendition can be traced as far back as 1995, this program went under a significant change after the terror attacks of September 11 2001. The rendition program permits government agents to detain foreign nations without the legal process and use interrogation methods that not permitted under federal or international law (1 ).
While serving temporarily in the Justice Department John Yoo of the University of California Law School co wrote memorandum January 9, 2002. the memo was in support of the Idea that the USA was not bound by Geneva Conventions when prisoners captured in Afghanistan. Because they were considered "enemy combatants," and not prisoners of war. So the treatment of US prisoners was not bound by federal War Crimes Act of 1996. Former Secretary of Defense James R. Schlesinger discovered in 2004 that US interrogators who tortured Iraqi detainees we allowed by a memo by Lt. Gen. Ricardo S. Sanchez. The memo reason was that this treatment could be applied to "unlawful combatants."(2 ).
Bush issued a memo to Dick Cheney, Colin Powell, Donald Rumsfeld, John Ashcroft, the director of the CIA and the chairman of the military Joint Chiefs of Staff on February 7, 2002(3 ).
The memo said "the opinion of the Department of Justice dated January 22, 2002 and on the legal opinion rendered by the Attorney General" that "none of the provisions of [the] Geneva [Conventions] apply to our conflict with al-Qaeda in Afghanistan or elsewhere throughout the world". The memo said for it to be torture it "must be equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily functions or even death". It also said "For purely mental pain or suffering to amount to torture it must result in significant psychological harm of significant duration, lasting months or even years."(4 ).