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It's a crime under Geneva Convention to obey an illegal order (unless, I believe, you think you will killed if you don't obey). It's also a crime under the same conventions to give an illegal order.

This was the basis of the Nuremberg and Tokyo war trials.

Torturing people deemed to be terrorists is not intelligent, it's a war crime, and it's everybody's problem.

Both. Torture is criminal.

This question was probably answered most eloquently in Hannah Arendt’s report on the Eichmann trial, The Banality of Evil.

But to summarize:

> is this your problem or the problem of the person who gave you this task?

Yes