Torture and the Balance of Evils

Abstract

This article explores the questions raised by the issuance of the Landau Commission Report: What is the legal and moral status of torture of terrorist suspects and others, when that torture is engaged in by the Investigation Unit of the General Security Service (GSS) of the State of Israel for the purpose of extracting information potentially saving many Israeli lives? More specifically, was the Commission right in its retrospective conclusion that “the methods of interrogation … employed [in the past by the GSS] … are largely to be defended, both morally and legally …” (R., 4)? Was the Commission right in its prospective conclusion that no new legislation is needed to deal with the methods of interrogation of the GSS because “the GSS can turn a new leaf … within the framework of the existing law …” (R., 82)?