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THE ETHICS OF TORTURE

Martina Refi Homolak orcid.org/0000-0002-8704-7762

Abstract

As a phenomenon without a uniform definition, terrorism itself presents a threat to the most of fundamental human rights. In the first place, terrorism negates the rights of actual or potential victims, but also results in a violation of human rights of people suspected of terrorism. Despite suspicions that terrorists may possess vital information, the prohibition of torture constitutes an absolute and non-derogatory right. This means that it cannot be suspended or restricted, even during a declared state of emergency. Despite the prohibition of torture, some states widely and repeatedly apply torture against persons suspected of terrorism if they are believed to possess information that may be of use in preventing impending attacks. It is clear that the continuous fight against terrorism requires certain restrictions on fundamental human rights, but the question is how far we can go. Ultimately, does “terrorising the terrorists” and stooping to their level constitute a greater threat than the attacks themselves?

Keywords

torture; terrorism; ethics; “ticking bomb”; September 11

Hrčak ID:

179546

URI

https://hrcak.srce.hr/179546

Publication date:

29.12.2016.

Article data in other languages: croatian

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