The Geneva Convention does not provide carveouts to particularly angry personnel. You can try to define fake conditions to justify it but the hearing hasn't happened so you're just speculating.
And you know what? You can document the torture, sexual assault and murder of innocent prisoners without getting a proper investigation from the ICC. Many US citizens will remember that from Abu Ghraib! Lord only knows how much the CIA is shielding Israel from the fallout of SAVAK. You might as well drop the moralizing pretenses and admit that you don't think a fair trial would be desirable.
And you know what? You can document the torture, sexual assault and murder of innocent prisoners without getting a proper investigation from the ICC. Many US citizens will remember that from Abu Ghraib! Lord only knows how much the CIA is shielding Israel from the fallout of SAVAK. You might as well drop the moralizing pretenses and admit that you don't think a fair trial would be desirable.