- 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.262) 16 Part III—Conclusions
- Why Not Torture Terrorists?
- Oxford University Press
This chapter concludes Part III, which examines four models of legalized torture. Neither Israel nor the USA have succeeded in limiting torture to ticking bomb situations (or to high value detainees), although both states have refined their models in an effort to do so. Both states claim, probably rightly in some specific cases, that torturing (not so named) has thwarted terrorist attacks and saved lives. Neither, however, has claimed to have thereby put an end to such attacks, and the counterclaim that torture has overall done more harm than good, including in terms of human lives, cannot easily be refuted. Other conclusions are to be drawn following the discussion of salient legal issues arising from the models, in Part IV.
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