As it relates to torture, war crimes apply regardless of if a party believed they were acting legally. As for the case you cited, it was a civil suit, therefor

As it relates to torture, war crimes apply regardless of if a party believed they were acting legally. As for the case you cited, it was a civil suit, therefore ruling only covers civil law, not criminal. That said, does not protect "the plainly incompetent or those who knowingly violate the law". [1] All Presidents are fully aware by law their powers are limited, no reasonable official would claim otherwise. No reasonable person or official would claim their actions were legal, hence why they knowingly hid them from FISA & Congress. [1] Malley v. Briggs, 475 U.S. 335, 341 (1986).