I am not ignoring the moral behavior of the AZ and KSM, they have no moral sense at all. However, they are human, no matter how far removed it may seem. Their lack of morality shouldn't create an additional lack of morality in others.
You either don't understand what I am saying, or are intentionally mischaracterizing and misrepresenting, which would be common for you.
You keep functioning under the assumption that waterboarding shows a lack of morality in the people conducting and the people approving it. If you can't look past your own assumptions in a debate, you cannot have an honest debate. That assumption is not accepted by all in this debate and has not been justified logically by any type of argument. When asked to cite a reason for your assumption, you simply cite your assumption
as a reason. in doing that you are simply assuming the truth of the conclusion you want to reach. Can you say "circular reasoning"?
You need to get over your assumption of equal worth. The habitual evil actions of these people negate that concept. But what you are doing is reversing the logical burden of proof, due to your egalitarian faith, placing it on any departure from equal treatment so that an obligation to equal treatment is
prima facie. From a moral (
not legal) point of view, this is absurdly unrealistic.
In the real world unequal differences are the norm, so it is natural to believe that it is reasonable to treat people as unequals. If you think otherwise, you have to justify that, and do it with more then just circular reasoning based in feelings. In order to do that, you need to point to a specific (not vague, like simply "being human") shared quality that would justify that recognition as equal. These people's unequal moral worth discredits any appeal to equal consideration.
That is not to say that their is not a
legal justification for equal treatment
under the law. From there you get, procedural rights through due process and equal protections under the law to help insure that the justice system is blind (as much as it reasonably can be) and that peoples rights are secured. But these cases fall outside of any legal jurisdiction, so that rational doesn't apply. Those legal justifications are also, not moral arguments claiming that people have equal worth.
In addition to the realistic and rational moral view that people, in general, do not have equal worth and that it is the exceptions to that rule that have to be justified, there is also the ideal of justice that re-enforces the waterboarding of AZ and KSM.
The justice nature of an action is determined by weather or not it secures for people what they deserve. The earliest definition of justice, by Plato, sets this out, and justice, as an ideal (cosmic justice) is about the only thing from Plato's views that most other concepts still conform to in some fashion (except for Rawls, who's equivocation is given undue weight). AZ and KSM are moral monsters that do not have the equal worth of the countless thousands of people who would be killed if these people were not captured and intel was (presumably) not gained from them through waterboarding. In fact, considering these two peoples history of evil, most any physical torture of them, even resulting in death, would be justified under the
ideal of justice (cosmic justice). They would be getting what they deserve, given their habitual evil actions, character, etc. Also, the intel gained from the waterboarding would (presumably) prevent the injustice of much pain, suffering and death wrought on countless people if these two were not waterboarded. So there is a negative and a positive justification for waterboarding AZ and KSM under the ideal of cosmic justice.
So, I have given you a reasonable argument that has two components; a realistic and rational moral aspect and a cosmic justice aspect. You have yet to offer anything that could conceivable rationally counter any of that. All you have offered is emotional appeals through allusions to a vague "higher standard" and disingenuous indignation to justify your false assumptions. Those false assumptions are based in feeling and emotion, not reason. As John Stuart Mill points out, that basis in emotion makes your views immune to reason :
So long as an opinion is strongly rooted in feelings, it gains rather than loses in stability by having a prepoderating weight of argument against it. For if it were accepted as a result of argument, the refutation of the argument might shake the solidity of the conviction; but when it rests solely on feeling, the worse if fares in argumentative context, the more persuaded are its adherents that their feeling must have some deeper ground, which the argument does not reach.
You are claiming the moral high ground here based on your
assumptions. You need to provide a reasonable
justification of your assumptions. Specifically, you need to provide a specific shared quality that would justify the recognition of all humans as equal to logically counter the moral argument I laid out. To counter the cosmic justice aspect argument, you need to show how not waterboarding them would secure as well, if not better both some degree of justice for those two
and prevent the injustice of pain, suffering and death on a large number of others... unless you wanna argue Rawls equivocation of justice, which is what I expect (and kinda hope) that you do.
You like sci-fi... there is also the "Spock justification" from Wrath of Kahn; the needs of the many outweigh the needs of the few, or the one.