Torture Is the Ticking Time‐Bomb: Why the Necessity Defense Fails

Abstract

Abstract:The essay asks whether the 'necessity defense' can be used to legitimate torture. By modifying the criteria so as to fit the case, it is argued that torture fails to meet the established norms of the historic just-war tradition, which also underlie international law. 'Interrogational,' 'terroristic,' and 'demonic' aspects of torture are distinguished along the way. It is concluded that torture admits no necessity by which it can be justified.

The Judgment of Torture

“…For the meaning of the concept of torture, many current definitions are not accurate. On the one hand, some definitions are too vague; consequently, "The administration claims to be against torture, and yet it refuses to renounce, without equivocation, the cruel, inhuman and degrading treatment of detainees [1]." On the other hand, vague definitions of torture prevent interrogators from placing explicit restrictions on their behavior.…”

Tick, Tick, Boom: Simulating Human Rights Decisions in the Classroom

“…These scenarios cheat their way around discussions of the morality of nature by asserting that the bomb is definitely in place, that officials have been able to track down someone they know placed the bomb, and that there is so little time that the area cannot be evacuated. They assume that the decision by officials to torture is based on a standalone, extreme situation and assert that torture will produce the location of the bomb in time to disarm it (Hassner 2018; Hunsinger 2008, 231; Luban 2005; Opotow 2007).…”

“…Intelligence in these situations generally is far less certain than the information presented in ticking-time-bomb scenarios—officials think there may be a bomb and they have detained someone who may know something about its location. Or, authorities think that one of a large group of captives may know something about where a high-profile target is hiding—but they are uncertain about which one (Hassner 2018; Hunsinger 2008, 231; Luban 2005; Opotow 2007).…”

What Kind of Person Could Be a Torturer?

“…14 14 On the morality and legality of torture, see Greenberg 2006; Hunsinger 2008; Kassimeris 2006; and Levinson 2004. See also Bangert 2005a, 2005b, 2006; Hunsinger 2006, 2008a, 2008b; Luban 2005; Porter 2008; Quinn 1996; Shue 1978; Stout 2004; Sussman 2005; and Twiss 2007. …”