Declarations of war have never been a constitutional requirement for military action abroad. The United States has used force abroad more than 130 times, but has only declared war five times - the War of 1812, the Mexican-American War, the Spanish-American War, and World Wars I and II.
John YooWhile Taliban fighters had an initial claim to protection under the conventions, they lost POW status by failing to obey the standards of conduct for legal combatants: wearing uniforms, a responsible command structure, and obeying the laws of war.
John YooIt is the policy of the United States not to engage in torture, and there are federal criminal laws that prohibit torture.
John YooIt is also worth asking whether the strict limitations of Geneva make sense in a war against terrorists.
John Yoo