Senator John McCain seems to be unwilling to back down, and he's got the backing of the MSM. But he's wrong.
The wording of Common Article Three is vague. Who has defined what an "outrage against human dignity" is? Is there a common standard? I mean, someone getting killed or maimed in a bombing or other attack is an outrage against their dignity - but human rights groups don't say or do much about those. But taking a terrorist and subjecting him to South Park or Britney Spears videos - or trying to take down a vicious drug cartel - is worthy of lawsuits and reports that won't be complimentary, treating a Pablo Escobar as a victim.
It's messed up. What about the rights of the people terrorists will randomly kill and maim? Who speaks for them? There is a right to not be killed or maimed by terrorists supporting a genocidal agenda and/or a religious dictatorship. What about that right? What is so inhumane and degrading about trying to prevent a terrorist attack?
In a way, Secretary Powell is right, we'll be criticized. But at least we'll be alive to hear the criticism.