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

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

by Yuval Ginbar
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Book cover type: Hardcover
  • ISBN13: 9780199540914
  • Binding: Hardcover
  • Subject: N/A
  • Publisher: OUP Oxford
  • Publisher Imprint: OUP Oxford
  • Publication Date:
  • Pages: 448
  • Original Price: USD 135.0
  • Language: English
  • Edition: N/A
  • Item Weight: 794 grams
  • BISAC Subject(s): Terrorism

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.

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