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Why Not Torture Terrorists?: Moral, Practical and Legal Aspects of the "Ticking Bomb" Justification for Torture: Oxford Monographs in International Law

Autor Yuval Ginbar
en Limba Engleză Hardback – 26 mar 2008
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.
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Specificații

ISBN-13: 9780199540914
ISBN-10: 0199540918
Pagini: 448
Dimensiuni: 163 x 242 x 30 mm
Greutate: 0.79 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Seria Oxford Monographs in International Law

Locul publicării:Oxford, United Kingdom

Notă biografică

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

Recenzii

Ginbar does a splendid job of revealing the weakness of the arguments he encounters,and...manages very effectively to destroy the TBS...Anyone who employs the TBS in future without starting their analysis from where Ginbar ends will not deserve to be taken seriously.
Ginbar's book is an important contribution to the literature on torture. it is lucidly written; thoroughly researched and it provides a challenge to what I believe to be the dominant view, namely the view that the infliction of torture is sometimes permissable or even obligatory. A paperback edition of the book was published in February 2010, which contains an updating chapter, covering recent-or more recent-developments in the United States, Israel and elsewhere.
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