Why Not Torture Terrorists?

Why Not Torture Terrorists?
Author: Yuval Ginbar
Publisher: Oxford University Press on Demand
Total Pages: 449
Release: 2008-03-27
Genre: Law
ISBN: 0199540918

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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.

Torturing Terrorists

Torturing Terrorists
Author: Philip N.S. Rumney
Publisher: Routledge
Total Pages: 277
Release: 2014-11-13
Genre: Social Science
ISBN: 1136184562

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This book considers the theoretical, policy and empirical arguments relevant to the debate concerning the legalisation of interrogational torture. Torturing Terrorists examines, as part of a consequentialist analysis, the nature and impact of torture and the implications of its legal regulation on individuals, institutions and wider society. In making an argument against the use of torture, the book engages in a wide ranging interdisciplinary analysis of the arguments and claims that are put forward by the proponents and opponents of legalised torture. This book examines the ticking bomb hypothetical and explains how the component parts of the hypothetical are expansively interpreted in theory and practice. It also considers the effectiveness of torture in producing ‘ticking bomb’ and ‘infrastructure’ intelligence and examines the use of interrogational torture and coercion by state officials in Northern Ireland, Algeria, Israel, and as part of the CIA’s ‘High Value Detainee’ interrogation programme. As part of an empirical slippery slope argument, this book examines the difficulties in drafting the text of a torture statute; the difficulties of controlling the use of interrogational torture and problems such a law could create for state officials and wider society. Finally, it critically evaluates suggestions that debating the legalisation of torture is dangerous and should be avoided. The book will be of interest to students and academics of criminology, law, sociology and philosophy, as well as the general reader.

Why Torture Doesn’t Work

Why Torture Doesn’t Work
Author: Shane O'Mara
Publisher: Harvard University Press
Total Pages: 333
Release: 2015-11-30
Genre: Family & Relationships
ISBN: 0674743903

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Torture is banned because it is cruel and inhumane. But as Shane O’Mara writes in this account of the human brain under stress, another reason torture should never be condoned is because it does not work the way torturers assume it does. In countless films and TV shows such as Homeland and 24, torture is portrayed as a harsh necessity. If cruelty can extract secrets that will save lives, so be it. CIA officers and others conducted torture using precisely this justification. But does torture accomplish what its defenders say it does? For ethical reasons, there are no scientific studies of torture. But neuroscientists know a lot about how the brain reacts to fear, extreme temperatures, starvation, thirst, sleep deprivation, and immersion in freezing water, all tools of the torturer’s trade. These stressors create problems for memory, mood, and thinking, and sufferers predictably produce information that is deeply unreliable—and, for intelligence purposes, even counterproductive. As O’Mara guides us through the neuroscience of suffering, he reveals the brain to be much more complex than the brute calculations of torturers have allowed, and he points the way to a humane approach to interrogation, founded in the science of brain and behavior. Torture may be effective in forcing confessions, as in Stalin’s Russia. But if we want information that we can depend on to save lives, O’Mara writes, our model should be Napoleon: “It has always been recognized that this way of interrogating men, by putting them to torture, produces nothing worthwhile.”

Tortured Logic

Tortured Logic
Author: Joseph K. Young
Publisher: Columbia University Press
Total Pages: 296
Release: 2020-07-28
Genre: Political Science
ISBN: 0231548095

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Experts in the intelligence community say that torture is ineffective. Yet much of the public appears unconvinced: surveys show that nearly half of Americans think that torture can be acceptable for counterterrorism purposes. Why do people persist in supporting torture—and can they be persuaded to change their minds? In Tortured Logic, Erin M. Kearns and Joseph K. Young draw upon a novel series of group experiments to understand how and why the average citizen might come to support the use of torture techniques. They find evidence that when torture is depicted as effective in the media, people are more likely to approve of it. Their analysis weighs variables such as the ethnicity of the interrogator and the suspect; the salience of one’s own mortality; and framing by experts. Kearns and Young also examine who changes their opinions about torture and how, demonstrating that only some individuals have fixed views while others have more malleable beliefs. They argue that efforts to reduce support for torture should focus on convincing those with fluid views that torture is ineffective. The book features interviews with experienced interrogators and professionals working in the field to contextualize its findings. Bringing empirical rigor to a fraught topic, Tortured Logic has important implications for understanding public perceptions of counterterrorism strategy.

The Prohibition of Torture in Exceptional Circumstances

The Prohibition of Torture in Exceptional Circumstances
Author: Michelle Farrell
Publisher: Cambridge University Press
Total Pages: 295
Release: 2013-08-29
Genre: Law
ISBN: 110703079X

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This book reframes the historical, legal and moral discourse on the question of whether torture can be justified in exceptional circumstances.

Why Terrorism Works

Why Terrorism Works
Author: Alan M. Dershowitz
Publisher: Yale University Press
Total Pages: 283
Release: 2003-08-11
Genre: Law
ISBN: 0300101538

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One of America's most distinguished defenders of civil liberties presents measures that will prevent terrorism and still uphold our democratic values The greatest danger facing the world today, says Alan M. Dershowitz, comes from religiously inspired, state sponsored terrorist groups that seek to develop weapons of mass destruction for use against civilian targets. In his newest book, Dershowitz argues passionately and persuasively that global terrorism is a phenomenon largely of our own making and that we must and can take steps to reduce the frequency and severity of terrorist acts. Analyzing recent acts of terrorism and our reaction to them, Dershowitz explains that terrorism is successful when the international community gives in to the demands of terrorists--or even tries to understand and eliminate the "root causes" of terrorism. He discusses extreme approaches to wiping out international terrorism that would work if we were not constrained by legal, moral, and humanitarian considerations. And then, given that we do operate under such constraints, he offers a series of proposals that would effectively reduce the frequency and severity of international terrorism by striking a balance between security and liberty.

War, Torture and Terrorism

War, Torture and Terrorism
Author: Anthony F. Lang, Jr.
Publisher: Routledge
Total Pages: 232
Release: 2008-10-27
Genre: History
ISBN: 1134038682

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This book seeks to demonstrate how rules not only guide a variety of practices within international politics but also contribute to the chaos and tension on the part of agents in light of the structures they sustain. Four central themes- practice, legitimacy, regulation, and responsibility- reflect different dimensions of a rule governed political order. The volume does not provide a single new set of rules for governing an increasingly chaotic international system. Instead, it provides reflections upon the way in which rules can and cannot deal with practices of violence. While many assume that "obeying the rules" will bring more peaceful outcomes, the chapters in this volume demonstrate that this may occur in some cases, but more often than not the very nature of a rule governed order will create tensions and stresses that require a constant attention to underlying political dynamics. This wide-ranging volume will be of great interest to students of International Law, International Security and IR theory.

Ethics for Enemies

Ethics for Enemies
Author: F. M. Kamm
Publisher: OUP Oxford
Total Pages: 190
Release: 2013-05-23
Genre: Philosophy
ISBN: 0199680590

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Ethics for Enemies comprises three original essays on highly contentious issues in practical moral philosophy. F. M. Kamm presents powerful arguments about the concept and morality of torture; what makes terrorism wrong and whether it is always wrong; and whether the right motivation and the proportionality of harms to good can make war just.

Intervention, Terrorism, and Torture

Intervention, Terrorism, and Torture
Author: Steven P. Lee
Publisher: Springer Science & Business Media
Total Pages: 321
Release: 2006-11-22
Genre: Political Science
ISBN: 1402046782

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This book asks whether just war theory and its rules for determining when war is justified remains adequate to the challenges posed by contemporary developments. Some argue that the nature of contemporary war makes these rules obsolete. By carefully examining the phenomena of intervention, terrorism, and torture from a number of different perspectives, the essays in this book explore this complex set of issues with insight and clarity.