I don't think its torture when they both have the same opportunity to live. Its torture when one is shredding the others arms and legs because he/she has more power, usually. Its why the victim is usually shown bound. Torture is inherently a power equation, much like tossing cluster bombs from people who cannot defend themselves. Its why countries who throw such bombs usually do not throw them on people with weapons that can reach them.
So, if a group of people with c4, a copperhead, wire, blast caps blow a hole through 8 inches of steel blowing a mans legs off and another mans arm off who are doing a presence patrol or picking up mail torture?
Or do you think it's fair because we can kill them with similar style weapons when they are conducting operations that can kill a man with these same means.. or i should say potentionally kill and "torture".