I tend to agree with Cruz on this one also. When I am trying to decide what constitutes torture I ask myself, Self, would I be ok with it happening to our soldiers?
In all of the reporting of atrocities committed against our troops (and civilians) in Iraq and Afghanistan, I do not recall reading of any war crimes trials against those who murdered the contractors, set them on fire, and hung their bodies from a bridge. I do not recall reading of any war crimes trials for those who stripped the pants off our troops and exhibited them in the press. The man suspected of killing Nick Berg was reportedly killed in a strike. There were a lot of decapitations.
And then we come to Libya where a POW named Momar Gaddafi was pleading for his life, he was abused, tortured, and murdered. Sec. of State Hillary Clinton gave this statement "WE came, WE saw, HE DIED! (laugh laugh)". I do not recall any war crime investigations against the President or his cabinet for actions we sponsored and approved of in Libya.
They're are going to do it to them, regardless of what we do.