ABSTRACT

The purpose of this paper is to develop and analyse a possible theory of ‘just torture’, by reference to the framework of just war theory, which proposes moral criticism of war, in order that we can critically consider the morality or otherwise of torture, including that undertaken for interrogation purposes. Initially, we will explore the legal definitions and regulations of torture. Secondly, we will investigate several ethical aspects of torture. Thirdly, in order to apply the principles of just war theory to the issue of torture, we examine how these principles work. Finally, in order to construct this ‘just torture’ theory and consider whether torture, if any, can be considered to be morally permissible under certain exceptional circumstances, we will propose a tentative framework for just torture, and investigate the set of principles behind the framework.