I'm not a lawyer but it seems obvious that Bradbury's memo is itself a crime against humanity in that it authorizes waterboarding, hosing people down, sleep deprivation, stress positions, enclosed spaces, and other forms of torture for suspected terrorists.
According to Bradbury, Congress defines torture in this manner:
In defining the federal crime of'torture, Congress required that a defendant "intend to inflict severe physical or mental pain or suffering," and Congress narrowly defined "severe mental pain or suffering" to mean "the prolonged mental harm caused by" enumerated predicate acts, including "the threat of imminent death" and "procedures calculated to disrupt profoundly the senses or personality."
Torture is also listed as a "crime against humanity" under Article 7(1) of the Rome Statute of the International Criminal Court. In this sense, Bradbury's memo would be a crime against humanity because it authorizes and justifies the use of practices that fall under the legal definition of torture.
As Bradbury describes them within the memo, the CIA's "intensive" interrogations obviously fall within the definition of torture as "inflicting severe physical or mental pain or suffering" on suspected terrorists. Despite Bradbury's arguments to the contrary, causing "severe mental pain or suffering" is the manifest intent of all those interrogation techniques.
What I found chilling about Bradbury's justifications of these techniques is that they took the reader "inside" the carrying out of American war crimes. There was a tremendous amount of detail about how Americans tortured prisoners and almost no balancing information about the background of 9-11, the need for information, or any information actually obtained from the prisoners. It was all war crimes all the time.
The second point is that the entire rhetorical force of Bradbury's document was geared toward creating sympathy for the torturers. In this sense, Bradbury's memo was equivalent of an insider's "how to" manual for mob hits, drug murders, lynchings, and other heinous crimes in that it sought to get the reader to identify with extremely horrible acts.
As a result, Bradbury's whole document conveyed a fetid, rotting sensation of trafficking in sweat, pain, and despair. I have to admit that I'm not a good enough writer to convey my whole sense of disgust with Bradbury's memo. I guess the bottom line was that it made me embarrassed to be a human being let alone an American.