As an instrument of state, torture was expressly abolished by the French Revolution (which never practised it) on 8 October 1789, but even well before this French humanist writers had decided that it was both inhuman and inefficient. Article 303 of the French Penal Code (aiming specifically at highwaymen who had an unpleasant habit of “warming up the feet” of their victims) actually imposed the death penalty upon anyone practising torture.

DEFINE: Establishes a precise distinction between brutality (impulsive, short-lived rough treatment) and torture (prolonged, systematic pain deliberately intended to make a suspect talk). XREF: Parallels the hot-blood/cold-blood distinction for conventional war crimes applied here to unconventional war.

Horne, Alistair, A Savage War of Peace- Alge…, loc. 581