Why Not Torture Terrorists? - Moral, Practical and Legal Aspects of the "Ticking Bomb" Justification for Torture (Hardcover)

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.

General

Imprint:	Oxford UniversityPress
Country of origin:	United Kingdom
Series:	Oxford Monographs in International Law
Release date:	March 2008
First published:	June 2008
Authors:	Yuval Ginbar
Dimensions:	242 x 163 x 30mm (L x W x T)
Format:	Hardcover
Pages:	448
ISBN-13:	978-0-19-954091-4
Categories:	Books > Law > International law > Public international law > International human rights law Books > Law > International law > Public international law > International humanitarian law Books > Social sciences > Politics & government > Political control & freedoms > Human rights > General Books > Social sciences > Politics & government > Political activism > Terrorism, freedom fighters, armed struggle > General
LSN:	0-19-954091-8
Barcode:	9780199540914

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