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

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Yuval Ginbar (Legal Adviser, Amnesty International)

Why Not Torture Terrorists?

Moral, Practical, and Legal Aspects of the 'Ticking Bomb' Justification for Torture

Yuval Ginbar (Legal Adviser, Amnesty International)

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English

Oxford University Press
25 February 2010

Politics & government; Human rights; Terrorism, armed struggle; International human rights law; International humanitarian law; Terrorism law

Series: Oxford Monographs in International Law

This book addresses a dilemma at the heart of counter-terrorist policy: 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.

By: Yuval Ginbar (Legal Adviser Amnesty International)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 155mm, Spine: 26mm
Weight: 713g
ISBN: 9780199571239
ISBN 10: 0199571236
Series: Oxford Monographs in International Law
Pages: 480
Publication Date: 25 February 2010
Audience: College/higher education , Professional and scholarly , A / AS level , Further / Higher Education
Format: Paperback
Publisher's Status: Active

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

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