Subjects:

Human Rights and Civil Liberties

Contents:

Foreword

Sir Nigel Rodley 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, in extreme situations, a 'public morality' that is distinct from 'private morality'? 8. 'Slippery slope' and other dangers resulting from states torturing in TBSs Part III: Legalising Torture 1 - Four Models 9. Introduction 10. The Landau model in Israel 11. The 'torture warrants' model 12. The 'defence of necessity' model I - 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? Some comments and examples 16. The 'defence of necessity' (DoN) model II : the DoN as legal grounds for torture in a TBS

This 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 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.