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You have to give it proper context, namely consent. If I walk up to someone on the street and punch him in the face, that's assault. If I do it in a boxing ring, it's a sport. If I have sex with a woman and she doesn't want it, it's rape. If she does, it's sex. Anyway, the guy in the above video certainly wasn't arrested for waterboarding that disc jockey. The training staff at SERE school aren't dragged off in handcuffs.
Like most crimes, torture is torture because it's not consensual. But you already know that.
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