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Why Not Torture Terrorists? Yuval Ginbar (Legal Adviser, Amnesty International)

Why Not Torture Terrorists? By Yuval Ginbar (Legal Adviser, Amnesty International)

Why Not Torture Terrorists? by Yuval Ginbar (Legal Adviser, Amnesty International)


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Summary

This book addresses a dilemma at the heart of the 'War on Terror': Is it ever justifiable to torture terrorists when innocent lives are at stake? The book analyses the moral arguments and presents a passionate defence of prohibition. It also examines current State practice and the models of legalising torture suggested in Israel and the US.

Why Not Torture Terrorists? Summary

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

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.

About Yuval Ginbar (Legal Adviser, Amnesty International)

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

Table of Contents

PART I: PRIVATE MORALITY: IS IT MORALLY JUSTIFIABLE FOR AN INDIVIDUAL TO TORTURE A TERRORIST IN ORDER TO SAVE MANY INNOCENT LIVES? ; PART II: PUBLIC, PRACTICAL MORALITY: IS IT MORALLY JUSTIFIABLE FOR A STATE TO TORTURE IN ORDER TO SAVE MANY INNOCENT LIVES? ; PART III: LEGALISING TORTURE 1 - FOUR MODELS ; PART IV: LEGALISING TORTURE 2 - THREE ISSUES ; PART V: CONCLUSIONS

Additional information

GOR007647174
9780199540914
0199540918
Why Not Torture Terrorists?: Moral, Practical and Legal Aspects of the "Ticking Bomb" Justification for Torture by Yuval Ginbar (Legal Adviser, Amnesty International)
Used - Very Good
Hardback
Oxford University Press
2008-03-27
448
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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