TAMANAHA ON BALKINIZATION: WHAT IF TALIBAN WATERBOARDED U.S. SOLDIERS?

I just read a post by Brian Tamanaha on Balkinization in which he theorizes about the scenario where members of the Taliban capture U.S. soldiers in Afghanistan and subject them to waterboarding. The Bush administration especially Dick Cheney claim that waterboarding is not torture, so there is no violation of any Geneva Convention provisions. Furthermore, Tamanaha "quotes" the Taliban as saying that eminent legal scholars (one thinks of former Attorney General Michael Mukasey, John Yoo, David Addington, Jay Scott Bybee and Steven Bradbury) have opined that waterboarding is not torture, therefore the Taliban are not committing war crimes.