The United States Supreme Court gave the Prisoners held at Guantanamo Bay the status as Article 3 Prisoners hence they are protected persons under the Geneva Conventions which is a Treaty that was ratified by the Senate which makes it United States law.

Schedule 3 of the Geneva Conventions (protections of prisoners) states at

Article 131

No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article.

The Preceding article below states that it is a Grave breach that a Protected Prisoner is subjected to torture, article 3 Prisoners ARE protected prisoners according to the United States Supreme Court in Hamdin V Rumsfeld.

Article 130

Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention.

Furthermore it is the Responsibility of EVERY other country that is a signatory of the Geneva Conventions to search out and capture and bring to trial any person who has committed such acts of torture

Article 129

The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article.

Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.

Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article.

In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the present Convention.

It is the responsibility of EVERY government in the World to Arrest these people and bring them to Justice wouldnt it be better for the United States to do this themselves

Lastly what would we have said if Hitler or Admiral Donitz have said days before the Second World War that he pardoned all the the Nazis who may have committed a Crime during the Second World War?

Somehow I do not think the Allies or as they were also known The United Nations would have allowed that to happen.

It should not be allowed to happen now.

What will be the response if he pardons himself, which he will do if he pardons others?