Why Not Torture Terrorists?
Moral, Practical and Legal Aspects of the "Ticking Bomb" Justification for Torture
Seiten
2008
Oxford University Press (Verlag)
978-0-19-954091-4 (ISBN)
Oxford University Press (Verlag)
978-0-19-954091-4 (ISBN)
This book addresses a dilemma at the heart of the 'War on Terror': Is it ever justifiable to torture terrorists when innocent lives are at stake? The book analyses the moral arguments and presents a passionate defence of prohibition. It also examines current State practice and the models of legalising torture suggested in Israel and the US.
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.
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.
Yuval Ginbar serves as a legal adviser to Amnesty International and a senior adviser to the Public Committee Against Torture in Israel.
PART I: PRIVATE MORALITY: IS IT MORALLY JUSTIFIABLE FOR AN INDIVIDUAL TO TORTURE A TERRORIST IN ORDER TO SAVE MANY INNOCENT LIVES? ; PART II: PUBLIC, PRACTICAL MORALITY: IS IT MORALLY JUSTIFIABLE FOR A STATE TO TORTURE IN ORDER TO SAVE MANY INNOCENT LIVES? ; PART III: LEGALISING TORTURE 1 - FOUR MODELS ; PART IV: LEGALISING TORTURE 2 - THREE ISSUES ; PART V: CONCLUSIONS
| Erscheint lt. Verlag | 27.3.2008 |
|---|---|
| Reihe/Serie | Oxford Monographs in International Law |
| Verlagsort | Oxford |
| Sprache | englisch |
| Maße | 163 x 242 mm |
| Gewicht | 798 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Öffentliches Recht ► Völkerrecht | |
| Sozialwissenschaften ► Politik / Verwaltung | |
| ISBN-10 | 0-19-954091-8 / 0199540918 |
| ISBN-13 | 978-0-19-954091-4 / 9780199540914 |
| Zustand | Neuware |
| Haben Sie eine Frage zum Produkt? |
Mehr entdecken
aus dem Bereich
aus dem Bereich
