Overview

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.

Full Product Details

Author:   Yuval Ginbar (Legal Adviser, Amnesty International)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.30cm , Height: 3.00cm , Length: 24.20cm
Weight:   0.798kg
ISBN:  

9780199540914

ISBN 10:   0199540918
Pages:   448
Publication Date:   27 March 2008
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

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

Author Information

Yuval Ginbar serves as a legal adviser to Amnesty International and a senior adviser to the Public Committee Against Torture in Israel.

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions