Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture
Yuval Ginbar
Abstract
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 in a ‘ticking bomb situation’ (TBS)? 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, including when, how, and w ... More
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 in a ‘ticking bomb situation’ (TBS)? 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, including when, how, and whom to torture; the institutionalization of torture; its effects on society; and its efficacy in combating 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 through extensive use of international and domestic legal materials; the issues including 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.
Keywords:
torture,
moral aspects,
legal aspects,
minimal absolutism,
terrorism prevention,
war on terror,
ticking bomb situation,
international law,
human rights
Bibliographic Information
| Print publication date: 2008 |
Print ISBN-13: 9780199540914 |
| Published to Oxford Scholarship Online: January 2009 |
DOI:10.1093/acprof:oso/9780199540914.001.0001 |
