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Why Not Torture Terrorists?Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture$
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Yuval Ginbar

Print publication date: 2008

Print ISBN-13: 9780199540914

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199540914.001.0001

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Part III—Introduction

Part III—Introduction

Chapter:
(p.167) 11 Part III—Introduction
Source:
Why Not Torture Terrorists?
Author(s):

Yuval Ginbar

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199540914.003.0011

This chapter introduces Part III, examining four models of legalized torture. It focuses on each model's legal aspects, but their practical ones are also addressed in order to assess the extent to which the models have succeeded in limiting torture to ticking bomb and similar situations, and minimizing its effects in the wider context. Two models applied in Israel — the Landau model and the High Court of Justice model — are examined, as well as the theoretical ‘torture warrants’ model and the ‘High Value Detainees’ model applied by the USA in its war on terror. Due to its as yet unsettled and constantly changing nature, the US model is deemed to be one of ‘quasi-legalized torture’. Models of total secrecy and hypocrisy are briefly discussed and dismissed.

Keywords:   torture, legal aspects, ticking bomb situation, practical aspects, Israel, torture warrants, institutionalization, war on terror, terrorism prevention, interrogation methods

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