Overview

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.

Full Product Details

Author:   Yuval Ginbar (Legal Adviser, Amnesty International)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 15.50cm , Height: 2.60cm , Length: 23.40cm
Weight:   0.713kg
ISBN:  

9780199571239

ISBN 10:   0199571236
Pages:   480
Publication Date:   25 February 2010
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Sir Nigel Rodley: Foreword Introduction Part I: Private Morality: Is it Morally Justifiable for an Individual to Torture a Terrorist in Order to Save Many Innocent Lives? 1: Introduction 2: The wider moral Issue: Do consequences or 'no go areas' determine what is ethical in an extreme situation? 3: Consequentialist argument for torturing in a ticking bomb situation 4: The minimal absolutist approach I: anti-absolutism as morally untenable 5: The minimal absolutist approach II: Arguments for an absolute prohibition on torture Part II: Public, Practical Morality: Is it Morally Justifiable for a State to Torture in Order to Save Many Innocent Lives? 6: Introduction 7: Is there a 'public morality' that is distinct from 'private morality'? 8: 'Slippery slope' and other dangers Part III: Legalising Torture 1 - Four Models 9: Introduction 10: The Landau model in Israel 11: The 'torture warrants' model 12: Israel's High Court of Justice model 13: The USA's 'high value detainees' model Part IV: Legalising Torture 2 - Three Issues 14: Introduction 15: Is it (internationally) legal? Is it torture? 16: The 'defence of necessity' model as legal grounds for torture Part V: Conclusions

Reviews

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

<br> 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. <br>--ASIL UN21 Newsletter, Issue #42, September 2011<p><br>

Author Information

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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