re: #46 Varek Raith
Because if they were, the waterboarders would have been charged with a war crime.
Prisoners of war from China, the United States, Australia, Britain, Canada, India, the Netherlands, New Zealand and the Philippines held by the Japanese armed forces were subject to murder, beatings, summary punishment, brutal treatment, forced labour, medical experimentation, starvation rations and poor medical treatment. The most notorious use of forced labour was in the construction of the Burma–Thailand Death Railway.
en.wikipedia.org
With all that, who needs waterboarding?