Americans have a new Attorney General, Michael Mukasey, who has refused to class waterboarding as torture. Waterboarding is where you pour water on somebody's face, causing them to gag. (See Wikipedia link for details). It's torture. Plain and simple. But if an Attorney General confirms it, then he is legally bound to pursue and prosecute those who have made it military policy - in other words, the executive. Of course, they aren't going to appoint anyone who will confirm it, because as long as nobody says it's illegal, it's legal.
It's wrong. It's unjustifiable. It's evil. But it's legal. And until there's an Attorney general with the cojones to state that it's torture, it'll continue.