Abstract

http://ssrn.com/abstract=898642
 
 

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The Legality of Interrogational Torture: A Question of Proper Authorization or a Substantive Moral Issue


Mordechai Kremnitzer


Hebrew University of Jerusalem - Faculty of Law

Re'em Segev


Hebrew University of Jerusalem – Faculty of Law


Israel Law Review, Vol. 34, No. 4, pp. 509-559, 2000

Abstract:     
The article explores the Israeli Supreme Court main judgment regarding the legality of the use of special interrogation methods in order extract information concerning future acts of terror. The Judgment's main conclusion was that while there might be a justification for using exceptional interrogation measures in order to save lives, based on the concept of lesser evil as embedded in the criminal defense of necessity, the government is nevertheless not authorized to use such means in the absence of explicit legislation to that effect. The article presents and evaluates the Judgment, particularly the relation between the substantive moral questions involved and the aspect of authorization.

Number of Pages in PDF File: 51


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Date posted: May 29, 2006 ; Last revised: April 15, 2015

Suggested Citation

Kremnitzer, Mordechai and Segev, Re'em, The Legality of Interrogational Torture: A Question of Proper Authorization or a Substantive Moral Issue. Israel Law Review, Vol. 34, No. 4, pp. 509-559, 2000. Available at SSRN: http://ssrn.com/abstract=898642

Contact Information

Mordechai Kremnitzer
Hebrew University of Jerusalem - Faculty of Law ( email )
Mount Scopus, 91905
Israel
Re'em Segev (Contact Author)
Hebrew University of Jerusalem – Faculty of Law ( email )
Mount Scopus
Jerusalem, 91905
Israel
HOME PAGE: http://law.huji.ac.il/eng/segel.asp?staff_id=17&cat=441

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