Can the War against Terror Justify the Use of Force in Interrogations?

Abstract

Abstract In 1987, after the public in Israel found out that the Israeli General Security Services (GSS) had used force in interrogating Palestinians suspected of “hostile terrorist activity,” a commission of inquiry chaired by former Supreme Court president Moshe Landau (hereinafter the Landau Commission) was established. The Commission held that the use of moderate force by the GSS in interrogating terrorist’s suspects is permissible by virtue of the criminal law defense of necessity. A special Public Committee against Torture in Israel was established following the Landau Commission report. The Committee, as well as other human rights groups in Israel, consistently publicized detailed reports on the GSS’ methods of interrogations, and challenged the legality of these methods before the Israeli Supreme Court. In 1999 the Israeli Supreme Court ruled that the coercive methods used by the GSS following the Landau Commission’s recommendations are illegal. The Israeli Supreme Court ruling should be read as a response to the ongoing protests against the Landau Commission’s conclusion permitting the use of moderate force in interrogating suspects of terrorist activities.