More later on this as I parse through the memos, but it is now apparent that the Bush Administration (namely, to John Yoo) that modern American torture is justified by resort to 19th century American Indian law.
Check out this editorial from the NYTs.
UPDATE: Here is the torture memo, courtesy of the ACLU, and here is the relevant AG opinion mentioned in the NYTs editorial (“Modoc Military Prisoners“), cited on page 7 of the Yoo memorandum.
Turtle Talk 
I wonder if anyone bother to explain the “laws of war” to Captain Jack?
Hah! History written by the winners, once again.
Wow – between this and Justice Kennedy’s throwback to the menace of Indians, there’s no doubt that Indian hating is alive and well in the 21st century.
“…Winning the West amounted to no less than winning the world. It could be finally and decisively “won” only by rationalizing (Americanizing, Westernizing, modernizing) the world, and that meant conquering the land beyond, banishing mystery, and negating or extirpating other peoples, so the whole world would be subject to the regimented reason of one settlement culture with its professedly self-evidence middle-class values.” -Richard Drinnon