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huge bulk of our "War on Terror" prisoners, including those at Guantanamo, were not "captured fighting against the U.S." at all.
Certainly that you must realize that the phrase "fighting against the US" includes thinking bad thoughts about it or obtaining information that would be useful IF you wished to fight against the US. Certainly the 'preemptive war" logic that allowed us to attack Iraq necessitates that we preemptively detain people who might allow their bad thoughts to morph into bad actions.
Needless to say, subjecting those people to stress positions, sexual humiliation and waterboarding is just what the doctor ordered in order to prevent those bad thoughts from being acted upon.
You just don't have the solid understanding of the terrorist mind that Yoo and the administration possess.