At this point I don't think it's sensible to talk about legal sanctions for Administration officials from George W. Bush on down. But the historical record of what he approved, and what Dick Cheney recommended, what David Addington egged on, and what John Yoo and (sitting Federal Judge) Jay Bybee and others rationalized, should be established in unambiguous detail. For this, some American version of a "Truth Commission" is probably the best solution. Many other countries would not bother. America -- to be true to itself -- must. This will matter in the world's eyes. More important, it will matters to us.
The law exists to curb the worst instincts of men. Why would anyone think that once those boundaries are crossed, newly erected boundaries will be respected? You can't regulate "the dark side." That's why they call it the dark side.