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Why Not Torture Terrorists?
Moral, Practical and Legal Aspects of the "Ticking Bomb" Justification for Torture
Yuval Ginbar
450 pages
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234x156mm
978-0-19-954091-4
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Hardback
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27 March 2008
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This item is printed to order and supplied on a firm sale basis. Items which are printed to order are normally despatched and charged within 5-10 days.
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- Presents an informed, in-depth analysis of interrogational torture as a moral, practical, and legal issue and a coherent, passionate defence of the absolute prohibition
- Provides a thoroughly-researched examination of current State practice in terrorist interrogation, including the US and Israeli models of interrogational torture
- Analyses the international legal framework prohibiting torture and the attempts to circumvent the prohibition through the 'defence of necessity' test and the denial that current practices amount to torture
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.Readership: Human Rights and legal professionals, academics and advanced students in philosophy, politics and law interested in the arguments surrounding the prohibition on torture and the 'war on terror'.
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Yuval Ginbar, Legal Adviser, Amnesty International
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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
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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