Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the 'Ticking Bomb' Justification for Torture 4

Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the 'Ticking Bomb' Justification for Torture 4

by Yuval Ginbar
     
 

This 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 others, the so-called 'ticking bomb' scenario?

The book opens with an analysis of the pure moral argument from the standpoint of the individual as torturer. It then looks at the issues that arise once a state has

Overview

This 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 others, the so-called 'ticking bomb' scenario?

The book opens with an analysis of the pure moral argument from the standpoint of the individual as torturer. It then looks at the issues that arise once a state has decided to sanction torture in certain situations: how to establish factually that the situation is urgent, deciding who to torture, training people to carry out torture, and the efficacy of torture as a means of gathering information. The final part examines attempts to operate legal systems which tolerate torture; how they relate to the criminal law notion of necessity and to international human rights norms.

After examining the utilitarian arguments for torture, and the impact on a society of permitting torture, the author presents a powerful argument for maintaining the absolute legal prohibition.

Editorial Reviews

From the Publisher
"One cannot imagine a contemporary International Law course that does not touch upon, if not devote a significant amount of time to, the issue raised in this book. The author's writing style is as vivid as the best (worst) scenes one could dream up, in this all-too-real fact of the contemporary War on Terror."
—ASIL UN21 Newsletter, Issue #42, September 2011

Product Details

ISBN-13:
9780199571239
Publisher:
Oxford University Press
Publication date:
04/19/2010
Pages:
480
Product dimensions:
6.10(w) x 9.10(h) x 1.10(d)

Meet the Author

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

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