The Moral Justification and Necessity of Torture in the Context of Suspected Terrorists

Abstract

This essay examines the moral permissibility and necessity of using torture on suspected terrorists, particularly in the context of the “ticking bomb” scenario. The paper is divided into two parts. Part I critiques the deontological arguments against torture, highlighting the weaknesses in the absolutist stance that prohibits torture under any circumstances. It argues that in specific situations, the rights of victims justify a self-defence response, which can be executed by authorities on their behalf. Part II explores the common law doctrine of necessity, demonstrating that under certain conditions, torture is both necessary and reasonable. The essay concludes with a proposal for “torture warrants” to legalize and regulate the use of torture in specific, extreme cases, ensuring accountability and minimizing misuse.