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