Hmmmm....let me clarify agains..
If their tribunal determines Bushco lied to justify the war, that "justified" retooling our signature and ratification of the rules of The Geneva Convention concerning torture, they can retroactively dismiss any alterations of the ratification based on a false premise: that war was mandated, thereby enabling them to punish the crimes of torture as applicable to our treaties with the Laws of the Geneva Convention. And it is compulsory for us to do so to protect our own uniformed servicepeople and citizens taken abroad from another government setting up a puppet country (like Gitmo) ruled by fascist laws where anything goes. That's why the Geneva Rules were adopted....duh! For our protection! To make circumventing them illegally "legal" (by inaction) we are de facto placing our citizens in real, grave and exacerbated danger, also considering the fallout from the illegal occupation and war in the first place.
The only thing up for argument at this point is whether or not Bushco can slip off the hook on Ex Post Facto. But as in article 1 of this statute, "innocence" must be the qualifier. And Bushco fails that litmus test by the kangaroo intelligence group they cherry-picked to circumvent real intelligence that didn't give them what they wanted: the BigOil "OK" from Congress to perform a hostile corporate takeover of Iraq's oil on the Public's tab.
If Congress determines wilfull misrepresentation, conspiracy or other crimes that led to their deciding to declare war on false premises, Bushco's lawyers have their work cut out for them. And the only way to find that out is to TRY THE CASE. We must endeavor to err on the side of caution where the rules of the Geneva Convention may some day need to apply to our uniformed personelle or citizens captured.
It is Congress's right to have a tribunal(s) over the matter. Do you deny that? Good. And if those tribunals find foul play, and laws of Nations have been harmed by that foul play, then Congress also has a right to punish those actions. And in this case they not only have a right, but a public duty to do so to protect US military personelle and US citizens abroad. Certainly Bushco doesn't have a problem with any action that protects military personelle and civilians? Good.
So let the case be tried for the sake of the Citizens of the United States. If they're not guilty they should welcome the case...