[Professor S]

Well, not really. The definition of torture ( that can be prosecuted in the US) is to cause physical pain, multilation or to psychologically torture with that definition being to instill the fear of death in the efforts to gain information. Also, intent to torture is a part of that as well, but we'll leave that part out for the sake of this discussion.

So why waterboarding is such a grey area is because it meets none of those criteria when you tell the detainee beforehand they will not die. Once you remove the fear of death, it ceases being torture, technically speaking because it doesn't case any pain and does not mutilate. As for whether or not they were "really" told, all we know is that the interrogators were instructed to tell the detainees they would not be killed. Other than that, we don't know as there is no evidence to the contrary.

I imagine they would tell them, because the technique has proven to instill severe panic regardess of the conditions it is presented in, so why not cover your ass? I listened to a local radio sho where a DJ was brought to tears when he was waterboarded with kool aid for only a minute or so. The technique apparently plays on an inherent reaction to drowning that kicks in regardless of your knowledge.