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

Print publication date: 2008

Print ISBN-13: 9780199540914

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199540914.001.0001

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Part III—Conclusions

Part III—Conclusions

(p.262) 16 Part III—Conclusions
Why Not Torture Terrorists?

Yuval Ginbar

Oxford University Press

This chapter concludes Part III, which examines four models of legalized torture. Neither Israel nor the USA have succeeded in limiting torture to ticking bomb situations (or to high value detainees), although both states have refined their models in an effort to do so. Both states claim, probably rightly in some specific cases, that torturing (not so named) has thwarted terrorist attacks and saved lives. Neither, however, has claimed to have thereby put an end to such attacks, and the counterclaim that torture has overall done more harm than good, including in terms of human lives, cannot easily be refuted. Other conclusions are to be drawn following the discussion of salient legal issues arising from the models, in Part IV.

Keywords:   torture, legal aspects, ticking bomb situation, practical aspects, Israel, torture warrants, USA, institutionalization, war on terror, terrorism prevention

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