- Title Pages
- Special Dedication
- Table of Cases
- Table of Treaties and Statutes
- List of Abbreviations and General Notes
- 1 Part I—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
- 6 Part I—Conclusions
- 7 Part II—Introduction
- 8 Is there a ‘Public Morality’ that is Distinct from ‘Private Morality’?
- 9 ‘Slippery Slope’ and Other Dangers
- 10 Part II—Conclusions
- 11 Part III—Introduction
- 12 The Landau Model in Israel
- 13 The ‘Torture Warrants’ Model
- 14 Israel's High Court of Justice Model
- 15 The USA' ‘High Value Detainees’ Model
- 16 Part III—Conclusions
- 17 Part IV—Introduction
- 18 Is it (Internationally) Legal? Is it Torture?
- 19 The ‘Defence of Necessity’ as Legal Grounds for Torture
- 20 Part IV—Conclusions
- 21 Conclusions
- Annex The ‘Ticking Bomb’ Scenario—a Few Examples
- (p.167) 11 Part III—Introduction
- Why Not Torture Terrorists?
- Oxford University Press
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.
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