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This book addresses a dilemma at the heart of counter-terrorist
policy: 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.
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.
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