So a Navy JAG resigned over waterboarding

"... A very stupid Navy JAG resigned over waterboarding, that is.

"It was with sadness that I signed my name this grey morning to a letter resigning my commission in the U.S. Navy," wrote Gig Harbor, Wash., resident and attorney-at-law Andrew Williams in a letter to The Peninsula Gateway last week. "There was a time when I served with pride ... Sadly, no more."

Williams' sadness stems from the recent CIA videotape scandal in which tapes showing secret interrogations of two Al Qaeda operatives were destroyed. ...

The tapes may have contained evidence that the U.S. government used a type of torture known as waterboarding to obtain information from suspected terrorists.

Torture, including water-boarding, is prohibited under the treaties of the Geneva Convention."

CounterCoulmn

"Not for illegal combatants and terrorists it's not."

Aren't they covered by common article 3, and the USSC recent decision in Hamdan v. Rumsfeld. [updated]