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Zusatztext The so-called "ticking bomb" scenario is one of the more intriguing dilemmas in International Law. This book-length analysis of its comprehensive underpinnings is thus a welcome addition to the literature Informationen zum Autor Yuval Ginbar serves as a legal adviser to Amnesty International and a senior adviser to the Public Committee Against Torture in Israel. Klappentext This book addresses a dilemma at the heart of counter-terrorism: 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. Zusammenfassung 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. Inhaltsverzeichnis 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 ...
