It's been said but I'll say it again

Waterboarding is against international law.

It violates the Third Geneva Convention, Article 3:
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:

(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular, humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

And just why do I think waterboarding constitutes cruel treatment, torture, or an outrage on personal dignity?
(Keep in mind it’s only required to be one of these things to be illegal, yet it seems to be all three)

Maybe these first-hand accounts of what waterboarding is like will help:

He directed the full flow of the now-gushing pipe onto my nostrils and mouth.… Water poured down my windpipe and throat and filled my lungs and stomach. The torrent was unimaginably choking. This is the sensation of drowning, on dry land, on a hot dry afternoon. Your humanity bursts from within you as you gag and choke. I tried very hard to will unconsciousness but no relief came.

CBC

They shouted around me, “So he’s going to talk! He’s going to talk!” So they let me breathe. And as soon as I got a little breath again, I denounced it, and I still refused. So they started again. They said, “He’s making a joke out of us.” So they gave me very heavy blows on my chest and on my belly to make the—get out the water of my lungs and of my body. And they started again afterwards.
And suddenly, as I have explained it—I think it was the third time—I just fainted. And I heard them after a while saying, “Oh, he’s coming back. He’s coming back.” They didn’t want me to die at once, and I knew afterwards, a long time afterwards, that many of the people who went under that waterboarding, as you call it, after having had some moments of fainting, some of them would die, drowned, “asphyxier,” as we say in French. It’s completely—it’s impossible to breathe, so they die, as if they were drowned, and this kind of “accident,” as they call, was very frequent.
Well, You feel that you’re going to die. Of course, you don’t want to die, and in the same time you don’t want to accept the conditions that they make around you to let you live. So, finally, at this third time, before I fainted, I was really decided to die and not to answer at any cost.

Democracy Now

The water fills the hole in the saran wrap so that there is either water or vaccum in your mouth. The water pours into your sinuses and throat. You struggle to expel water periodically by building enough pressure in your lungs. With the saran wrap though each time I expelled water, I was able to draw in less air. Finally the lungs can no longer expel water and you begin to draw it up into your respiratory tract.
It seems that there is a point that is hardwired in us. When we draw water into our respiratory tract to this point we are no longer in control. All hell breaks loose. Instinct tells us we are dying.
I have never been more panicked in my whole life. Once your lungs are empty and collapsed and they start to draw fluid it is simply all over. You know you are dead and it's too late. Involuntary and total panic.
There is absolutely nothing you can do about it. It would be like telling you not to blink while I stuck a hot needle in your eye.
At the time my lungs emptied and I began to draw water, I would have sold my children to escape. There was no choice, or chance, and willpower was not involved.
I never felt anything like it, and this was self-inflicted with a watering can, where I was in total control and never in any danger.
And I understood.
Waterboarding gets you to the point where you draw water up your respiratory tract triggering the drowning reflex. Once that happens, it's all over. No question.
Some may go easy without a rag, some may need a rag, some may need saran wrap.
Once you are there it's all over.

The Atlantic


Which is why I think waterboarding fits at least one of the following categories:
cruel treatment, torture, or outrages upon personal dignity, in particular, humiliating and degrading treatment
And it is therefore against the Geneva Conventions, and is therefore against international law.