This is what Geneva’s Article 3 says: whatever the nature of the combatant, in or out of uniform, and whatever his own moral rules (or lack of them), he deserves basic respect as a human being with human rights. This principle is nonnegotiable. It is the core principle of Western civilization. Resistance to the physical force of government, especially as that force is applied to people in custody, is the core reason America exists as an independent nation.
I believe that if you review the facts of your two terms of office, you will be forced to realize that, whatever your intentions, you undermined this fundamental American principle. You may not have intended that to occur. But you were the commander in chief and president, and these were presidential-level decisions. The responsibility for all of this is yours—before the American people and before the court of history. And you need finally to own these decisions, to take full responsibility for them, to account for them, to explain them, and, yes, to apologize for their scope and brutality.
— Andrew Sullivan, from a long and comprehensive open letter to President Bush. A pretty good companion to this piece is the Fresh Air interview with Philippe Sands (which I’m linking now for like the 5th time) — Sands argues that unless there is some sort of coming to terms, Bush administration officials have the possibility of extradition and trial overseas to look forward to.