Why Not Torture Terrorists?: Moral, Practical and Legal Aspects of the "Ticking Bomb" Justification for Torture

by Yuval Ginbar

Overview

This book addresses a dilemma at the heart of the 'War on Terror': is it ever justifiable to torture terrorists in order to save the lives of others, the so-called 'ticking bomb' scenario?

The book opens with an analysis of the pure moral argument from the standpoint of the individual as torturer. It then looks at the issues that arise once a state has decided to sanction torture in certain situations: how to establish factually that the situation is urgent, deciding who to torture, training people to carry out torture, and the efficacy of torture as a means of gathering information. The final part examines attempts to operate legal systems which tolerate torture; how they relate to the criminal law notion of necessity and to international human rights norms.

After examining the utilitarian arguments for torture, and the impact on a society of permitting torture, the author presents a powerful argument for maintaining the absolute legal prohibition.

Product Details

ISBN-13:	9780199540914
Publisher:	Oxford University Press
Publication date:	06/02/2008
Series:	Oxford Monographs in International Law
Pages:	448
Product dimensions:	6.40(w) x 9.30(h) x 1.30(d)

About the Author

Yuval Ginbar serves as a legal adviser to Amnesty International and a senior adviser to the Public Committee Against Torture in Israel.

Table of Contents

Foreword, Sir Nigel RodleyIntroductionPart I: Private Morality: Is it Morally Justifiable for an Individual to Torture a Terrorist in Order to Save Many Innocent Lives?1. Introduction2. The wider moral Issue: Do consequences or 'no go areas' determine what is ethical in an extreme situation? 3. Consequentialist argument for torturing in a ticking bomb situation4. The minimal absolutist approach I: anti-absolutism as morally untenable5. The minimal absolutist approach II: Arguments for an absolute prohibition on torturePart II: Public, Practical Morality: Is it Morally Justifiable for a State to Torture in Order to Save Many Innocent Lives?6. Introduction7. Is there, in extreme situations, a 'public morality' that is distinct from 'private morality'? 8. 'Slippery slope' and other dangers resulting from states torturing in TBSsPart III: Legalising Torture 1 - Four Models9. Introduction10. The Landau model in Israel11. The 'torture warrants' model12. The 'defence of necessity' model I - Israel's High Court of Justice model13. The USA's 'high value detainees' modelPart IV: Legalising Torture 2 - Three Issues14. Introduction15. Is it (internationally) legal? Is it torture? Some comments and examples16. The 'defence of necessity' (DoN) model II - the DoN as legal grounds for torture in a TBSConclusion

Editorial Reviews

"One cannot imagine a contemporary International Law course that does not touch upon, if not devote a significant amount of time to, the issue raised in this book. The author's writing style is as vivid as the best (worst) scenes one could dream up, in this all-too-real fact of the contemporary War on Terror."
--ASIL UN21 Newsletter, Issue #42, September 2011

From the Publisher