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

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9780199540914: Why Not Torture Terrorists?: Moral, Practical and Legal Aspects of the

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.

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About the Author:


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

Review:


"One cannot imagine a contemporary International Law course that does not touch upon, if not devote a significant amount of time to, the issue raised in this book. The author's writing style is as vivid as the best (worst) scenes one could dream up, in this all-too-real fact of the contemporary War on Terror."
--ASIL UN21 Newsletter, Issue #42, September 2011


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Yuval Ginbar
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Book Description Oxford University Press, United Kingdom, 2008. Hardback. Book Condition: New. Language: English . Brand New Book ***** Print on Demand *****. 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. Bookseller Inventory # APC9780199540914

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Book Description Oxford University Press, United Kingdom, 2008. Hardback. Book Condition: New. Language: English . Brand New Book ***** Print on Demand *****.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. Bookseller Inventory # APC9780199540914

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Book Description Oxford University Press, USA. Hardcover. Book Condition: New. Hardcover. 432 pages. Dimensions: 9.3in. x 6.2in. x 1.3in.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. This item ships from multiple locations. Your book may arrive from Roseburg,OR, La Vergne,TN. Hardcover. Bookseller Inventory # 9780199540914

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Book Description Oxford Univ Pr, 2008. Hardcover. Book Condition: Brand New. 1st edition. 432 pages. 9.50x6.50x1.00 inches. In Stock. Bookseller Inventory # 0199540918

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