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

51 Pages Posted: 29 May 2006 Last revised: 15 Apr 2015

See all articles by Mordechai Kremnitzer

Mordechai Kremnitzer

Hebrew University of Jerusalem - Faculty of Law

Re'em Segev

Hebrew University of Jerusalem – Faculty of Law

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.

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: https://ssrn.com/abstract=898642

Mordechai Kremnitzer

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

Re'em Segev (Contact Author)

Hebrew University of Jerusalem – Faculty of Law ( email )

Mount Scopus
Jerusalem, 91905
Israel

HOME PAGE: http://en.law.huji.ac.il/people/reem-segev

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