First, it's not about the factual ability to fight back, but that you have that ability.
Second, for a person in war the kill comes from survival, kill or be killed. For mines and IED that is intended to cripple the enemy, the person doing is distanced from it. It's not the same thing to drop a bomb on Hiroshima, than it's to shoot thousands of people in point-blank range. Torture comes up close and personal. You know your victim there.
Think of this situation. After a battle, one of the enemies is lying there in the grounds with his guts outside his body. He's screaming of pain and you can see on him that he doesn't have much time left. What do you do?
A. Shoot him in his head to end his suffering.
B. Leave him there.
C. Break his hand.
For the torturer, it's C that applies. That's the difference. You need to go against your pity and compassion to inflict pain and then continue to do it. And that in a cold and controlled manner.
Or another example, war is picking a street fight and beat your opponent to a bloody pulp, torture is to take a 10 min tour afterwards to get a knife to do some extra work on him.
So maybe your right, war might be a hill and torture a mountain, both in essence the same thing, but none calls Mount Everest for a hill and most people would wonder quite a bit over the compairation.
BTW the difference between war and torture as a hole has been blurred with the total war concept this last century, although there's certainly been exceptions from that.
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