ABSTRACT
This chapter examines the relevant theory and evidence to explain the lawful use of interrogational torture that lead to a range of negative consequences. It argues that deontological moral theory, which emphasises the violation of dignity and humanity. The use of legalized torture may have unintended consequences, and will involve the infliction of direct harm on those who are tortured. Harm may also spread to wider society and institutions. While recognising that a consequentiality approach could pose risks to the absolute prohibition. Torture and death are very serious harms to inflect an individual. While the court has referred to the difficulties the prohibition can cause for states, it does not allow concern for the victims of terrorist violence to impact on its decisions in terrorism cases. It has also drawn attention to the often-ignored limiting principles that exist within consequentialism.
