An Ethical Question
I have been pondering an ethical question, that I just want to present to other people. Hopefully people will feel bold enough to post their comments and personal feelings on the question at hand. We discussed this very question in my Law, Politics and Public Policy class, which I find a very interesting dilemma:
Before I can present the question, it is important to know that the internationally recognized human right against torture is one of the few jus cogens (meaning compelling law). This means that it, no matter the circumstances, should never be set aside, regardless the necessity. The other few examples of this are genocide and slavery.
Knowing this, consider the following ethical question:
Before I can present the question, it is important to know that the internationally recognized human right against torture is one of the few jus cogens (meaning compelling law). This means that it, no matter the circumstances, should never be set aside, regardless the necessity. The other few examples of this are genocide and slavery.
Knowing this, consider the following ethical question:
A bomb has been planted in a city that has the potential to kill hundreds or even thousands. The terrorist is in the custody of the police. What should the police do to extract the information as to the location of the bomb from the terrorist?In a few days, I will post my thoughts on the matter, but I am curious to see what other people bring up with regards to this question.
2 Comments:
I remember studying jus cogens with Renteln and dealing with that exact scenario. I don't know if she told you, but she told us of the huge difference between Americans' responses and Europeans' responses. I have to say that in theory I believe in the idea that torture is never okay, but in that situation I would be willing to use any means. In the same way I do not support the death penalty. But if someone were to kill someone I loved, I would act in the madness of the moment and kill that person if I could.
Having grown up in Israel, the only democracy which has been under constant attack since its conception, and having lived among people who were the victims of terror, questions like this are constantly raised (and the probability of them happening is extremely high). As of September of 1999, the Israeli Supreme Court completely outlawed the use of any form of torture, even those implemented by the United States and the European Union (such as the withholding medication, sleep deprivation, loud music, hoods over heads, etc.). Torture is entirely illegal in Israel, even when a "ticking bomb" scenario is underway, and timly information is important (again, a near constant in Israel).
So, ask yourself this, are you able to act like a human being while trying to extract time-critical information from terrorists/child abductors/or other criminals? Think about yourself, your family, parents, siblings, friends, their families, etc. etc. and all of their lives. Should the "rights" of a single individual, who does not respect the rights of others, be upheld by a system that the individual does no recognise?
I say, of course not, they gave up their rights. However, physical torture oftentimes leads to norwhere. Israeli security services prevent anywhere from 50-70 terrorist attacks PER DAY! How? Not through torture, because their Supreme Court is the only one in the world which has completely forbidden the use of any kind of physical torture, for any reason, whatsoever.
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