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Part IV—Introduction

Yuval Ginbar

in Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199540914
eISBN:
9780191716256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199540914.003.0017
Subject:
Law, Human Rights and Immigration

This chapter introduces Part IV, where three issues raised by the discussion of the models in Part III are to be examined. The question of whether or not the interrogation methods used in the US and ... More


Part III—Conclusions

Yuval Ginbar

in Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199540914
eISBN:
9780191716256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199540914.003.0016
Subject:
Law, Human Rights and Immigration

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 ... More


The Hutton Inquiry: Some Wider Legal Aspects

William Twining

in Hutton and Butler: Lifting the Lid on the Workings of Power

Published in print:
2004
Published Online:
January 2012
ISBN:
9780197263297
eISBN:
9780191734519
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197263297.003.0002
Subject:
Political Science, UK Politics

This chapter examines the legal aspects of the Hutton Inquiry. It suggests that the Hutton Report is not of great legal significance and that though it was criticizes it was not extreme example of ... More


Linking of Emissions Trading Schemes

Michael Mehling

in Legal Aspects of Carbon Trading: Kyoto, Copenhagen, and beyond

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199565931
eISBN:
9780191722028
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565931.003.0005
Subject:
Law, Environmental and Energy Law, Private International Law

The integration of carbon markets will require a careful assessment of its political and economic viability, which, in turn, largely depends on the respective compatibility of the underlying ... More


Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture

Yuval Ginbar

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199540914
eISBN:
9780191716256
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199540914.001.0001
Subject:
Law, Human Rights and Immigration

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 in a ‘ticking bomb situation’ (TBS)? ... More


The USA' ‘High Value Detainees’ Model

Yuval Ginbar

in Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199540914
eISBN:
9780191716256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199540914.003.0015
Subject:
Law, Human Rights and Immigration

This chapter describes and analyzes the ‘high value detainees’ (HVD) model of quasi-legalized torture in the USA's war on terror following the 9/11 terrorist attacks. Initially its legal basis ... More


The ‘Defence of Necessity’ as Legal Grounds for Torture

Yuval Ginbar

in Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199540914
eISBN:
9780191716256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199540914.003.0019
Subject:
Law, Human Rights and Immigration

This chapter analyzes national and international legal materials to consider the viability of the ‘defence of necessity’ (DoN) as legal grounds for torturing in a ticking bomb situation. As the ... More


Israel's High Court of Justice Model

Yuval Ginbar

in Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199540914
eISBN:
9780191716256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199540914.003.0014
Subject:
Law, Human Rights and Immigration

This chapter describes and analyzes the model of legalized torture established by a 1999 Israeli Supreme Court (as High Court of Justice, HCJ) ruling, under which interrogation of suspected ... More


Is it (Internationally) Legal? Is it Torture?

Yuval Ginbar

in Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199540914
eISBN:
9780191716256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199540914.003.0018
Subject:
Law, Human Rights and Immigration

This chapter analyzes international legal materials to examine the legality of interrogation methods used in the Israeli and US models. International law does not envisage legitimately coercing ... More


Part III—Introduction

Yuval Ginbar

in Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199540914
eISBN:
9780191716256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199540914.003.0011
Subject:
Law, Human Rights and Immigration

This chapter introduces Part III, examining four models of legalized torture. It focuses on each model's legal aspects, but their practical ones are also addressed in order to assess the extent to ... More


The Landau Model in Israel

Yuval Ginbar

in Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199540914
eISBN:
9780191716256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199540914.003.0012
Subject:
Law, Human Rights and Immigration

This chapter describes and analyzes the Landau model of legalized torture, under which interrogation of suspected terrorists was regulated in Israel between 1987 and 1999, with Supreme Court ... More


The ‘Torture Warrants’ Model

Yuval Ginbar

in Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199540914
eISBN:
9780191716256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199540914.003.0013
Subject:
Law, Human Rights and Immigration

This chapter describes and analyzes the theoretical ‘torture warrants’ model, according to which judges would issue warrants for torture in ticking bomb situations in the same way that they issue ... More


Part IV—Conclusions

Yuval Ginbar

in Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199540914
eISBN:
9780191716256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199540914.003.0020
Subject:
Law, Human Rights and Immigration

This chapter concludes Part IV, and examines practical aspects of applying criminal law defences to interrogators who torture terrorists. Under international law, states cannot ever justify torture ... More


Heritage Resource Management in Peru

Jorge E. Silva

in Cultural Heritage Management: A Global Perspective

Published in print:
2010
Published Online:
September 2011
ISBN:
9780813034607
eISBN:
9780813039510
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813034607.003.0010
Subject:
Archaeology, Methodology and Techniques

This chapter provides a preliminary examination of the management of cultural resources in Peru, emphasizing its legal aspects, and the framework of methods and procedures, which have attempted to ... More


The Legists’ Doctrines on Money and the Law from the Eleventh to the Fifteenth Centuries

Wolfgang Ernst

in Money in the Western Legal Tradition: Middle Ages to Bretton Woods

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198704744
eISBN:
9780191774041
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198704744.003.0007
Subject:
Law, Legal History

This chapter follows the concept of money which emerged as medieval legal scholars, the so-called glossators and post-glossators, explored and explained the (secular) Roman law texts preserved in ... More


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