I think there are interesting (though perhaps overstated) comparisons to be made with Nazis at Nuremberg. Many defendants claimed they were following orders, but I believe that in international law that is not sufficient to be absolved of responsibility. So therefore, according to the same logic, those who engaged in this torture should face INTERNATIONAL action against them surely?
I believe Obama has stated that they won't face action, and that America doesn't recognise the international courts, but should they face action against them? I can see the arguements for and against, but i don't know the answer. Very tough