• ticking time bomb case
  • the real question

torture warrants

  • 1. nonleathal
  • 2. harm reduction
  • 3. accountability
  • 4. slippery sloop
  • 5. preventive measure not incriminating measure
  • 6. limits the use makes it hard to do

ticking time bomb case

  • terrorist has info
  • won't give it up
  • Torture, if it means info will be gotten?
  • everyone would agree there is an obligation to torture

The Real Question

  • it is not whether torture would be used — it would — but whether it would be used outside of the law or within the law.
  • Israel uses "lawful torture" which means that information gathered from torture can't be used as confession of guilt in court
  • its soul function is to stop terrorist attacks

Torture Warrant

  • judge should issue torture warrant to make it lawful -
  • limited the methods to particular nonlethal means
  • restore some accountability, rather than hiding the act
  • opponents say -this is a slippery slope
  • legitimizing torture in one case opens the door for it to be used in other contexts such as…
  • supporters say -it does the opposite - it limits the use of torture to cases approved by the judge
  • institutionalizing its use in an open and transparent manner
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