This book addresses a dilemma at the heart of the 'War on Terror': Is it ever justifiable to torture terrorists when innocent lives are at stake? The book analyses the moral arguments and presents a passionate defence of prohibition. It also examines current State practice and the models of legalising torture suggested in Israel and the US.

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

• Foreword


• Introduction


• Part I: Private Morality: Is it Morally Justifiable for an Individual to Torture a Terrorist in Order to Save Many Innocent Lives?


• 1: 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


• Part II: Public, Practical Morality: Is it Morally Justifiable for a State to Torture in Order to Save Many Innocent Lives?


• 6: Introduction


• 7: Is there a 'public morality' that is distinct from 'private morality'?


• 8: 'Slippery slope' and other dangers


• Part III: Legalising Torture 1 - Four Models


• 9: Introduction


• 10: The Landau model in Israel


• 11: The 'torture warrants' model


• 12: Israel's High Court of Justice model


• 13: The USA's 'high value detainees' model


• Part IV: Legalising Torture 2 - Three Issues


• 14: Introduction


• 15: Is it (internationally) legal? Is it torture?


• 16: The 'defence of necessity' model as legal grounds for torture


• Part V: Conclusions