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

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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
01 March 2008

Series: Oxford Monographs in International Law

The 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 innocent civilians; the so-called 'ticking bomb' scenario?

The book first analyzes the ticking bomb dilemma as a pure moral one, facing the individual would-be torturer. A 'never-say-never' utilitarian position is pitted against a 'minimal absolutist' view that some acts are never justifiable, and that torture is one such act.

It then looks at the issues that arise once a state has decided to sanction torture in extreme situations: when, how, and whom to torture; the institutionalization of torture; its effects on society; and its efficacy in combatting terrorism in the shorter and longer runs.

Four models of legalized torture are next examined-including current ones in Israel and the USA and the idea of torture warrants.

Finally, related legal issues are analyzed; among them the lawfulness of coercive interrogation under international law and attempts to allow torture 'only' after the fact, for instance by applying the criminal law defence of necessity.

A 'minimal absolutist' view - under which torture, whether by private individuals or by state officials, must be prohibited absolutely in law, policy and practice, and allowing no exceptions for ticking bomb situations - is defended throughout.

By: Yuval Ginbar (Legal Adviser Amnesty International)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 242mm, Width: 163mm, Spine: 30mm
Weight: 798g
ISBN: 9780199540914
ISBN 10: 0199540918
Series: Oxford Monographs in International Law
Pages: 448
Publication Date: 01 March 2008
Audience: College/higher education , Professional and scholarly , Professional & Vocational , A / AS level , Further / Higher Education
Format: Hardback
Publisher's Status: Active

Sir Nigel Rodley: Foreword Introduction Part I: Private Morality: Is it Morally Justifiable for an Individual to Torture a Terrorist in Order to Save Many Innocent Lives? 1: Introduction 2: 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 situation 4: The minimal absolutist approach I: anti-absolutism as morally untenable 5: The minimal absolutist approach II: Arguments for an absolute prohibition on torture Part II: Public, Practical Morality: Is it Morally Justifiable for a State to Torture in Order to Save Many Innocent Lives? 6: Introduction 7: Is there a 'public morality' that is distinct from 'private morality'? 8: 'Slippery slope' and other dangers Part III: Legalising Torture 1 - Four Models 9: Introduction 10: The Landau model in Israel 11: The 'torture warrants' model 12: Israel's High Court of Justice model 13: The USA's 'high value detainees' model Part IV: Legalising Torture 2 - Three Issues 14: Introduction 15: Is it (internationally) legal? Is it torture? 16: The 'defence of necessity' model as legal grounds for torture Part V: Conclusions

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