Drawing the Line for Waterboarding - Torture or Interrogation?

According to US Code, Title 18, Part 1, Chapter 113C,

• (1) "torture" means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;
  
• (2) "severe mental pain or suffering" means the prolonged mental harm caused by or resulting from -
  
• (A) the intentional infliction or threatened infliction of severe physical pain or suffering;
  
• (B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;


• (C) the threat of imminent death; or
  
• (D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality;*

The US Code continues, explaining that a jail sentence can be up to 20 years for the offense and possibly life if the victim is killed during the event. So now that we know what torture is, what is waterboarding? Waterboarding is an interrogation method used to simulate drowning that has roots into the inquisition. It is also known to side-effects like brain trauma. However, it has been the subject of debate lately if it qualifies as torture. While particulars over the action are under scrutiny, I have a few reasons why we shouldn't perform this act -

1. Waterboarding meets all of the requirements of torture as defined by the US Code.
2. We would not use waterboarding on our own citizens, so why would we use the technique on anyone else? Does our citizenship make us any different than the rest of humanity? Even though we might refer to ourselves as American, we are still human like the rest of the world and shouldn't be treated differently. In addition, would we want other countries waterboarding our citizens?
3. It puts the US in a bad light as many human rights groups have condemned the technique. As a country that prides itself in freedom and justice, we should be a leader to other countries.
4. While Citizens have the Freedom of Speech they also can remain silent if they so choose, just so long as they do not obstruct of justice or something similar. Let the guilty party get busted for the latter instead of using waterboarding.
5. Those undergoing waterboarding are prone to give false information just to end the interrogation process.
6. After World War II, Japanese Military officer Yukio Asano had to serve 15 years for Waterboarding an American citizen showing that waterboarding has been considered a crime by the US.

* Find Law, 19 January 2004 ,http://lp.findlaw.com/%2001/19/04, http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/113c/sections/section_2340a.html

**Pincus, Walter, "Waterboarding Historically Controversial; In 1947, the U.S. Called It a War Crime; in 1968, It Reportedly Caused an Investigation" Washington Post, October 5, 2006, pg. A17.