- Title Pages
- Special Dedication
- Table of Cases
- Table of Treaties and Statutes
- List of Abbreviations and General Notes
- 1 Part I—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
- 6 Part I—Conclusions
- 7 Part II—Introduction
- 8 Is there a ‘Public Morality’ that is Distinct from ‘Private Morality’?
- 9 ‘Slippery Slope’ and Other Dangers
- 10 Part II—Conclusions
- 11 Part III—Introduction
- 12 The Landau Model in Israel
- 13 The ‘Torture Warrants’ Model
- 14 Israel's High Court of Justice Model
- 15 The USA' ‘High Value Detainees’ Model
- 16 Part III—Conclusions
- 17 Part IV—Introduction
- 18 Is it (Internationally) Legal? Is it Torture?
- 19 The ‘Defence of Necessity’ as Legal Grounds for Torture
- 20 Part IV—Conclusions
- 21 Conclusions
- Annex The ‘Ticking Bomb’ Scenario—a Few Examples
- (p.349) 21 Conclusions
- Why Not Torture Terrorists?
- Oxford University Press
This chapter provides the book's conclusions. The consequentialist morality of extreme situations, as advocated by those who justify interrogational torture in a ‘pure’ theoretical ticking bomb situation (TBS), is reflected in the actual legal positions and practices of states facing terrorism that have chosen to torture. However, such states face moral, practical and legal obstacles, some of them insurmountable. The words of a UK diplomat, a Palestinian would-be suicide bomber, and an international terrorist are quoted to illustrate everyone's freedom to make — even facing emergencies, danger, and oppression — minimal absolutist choices, rejecting totally both terrorism and torture. Such choices are not fanatic, impractical, or defeatist. In facing a TBS, we must do anything humanly possible to save the lives at risk, which means doing everything in our power that does not involve losing our own humanity. Which in turn means never to torture or otherwise ill-treat another human being.
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