Law-makers breaking the law: torture as a justified interrogation technique?
emergency set the laws aside? Is it possible to choose between two evils?
Unlawfulness
In a constitutional state there are rules the executive power needs to follow and that can
sometimes make fighting terrorism inconvenient. Methods perceived as effective are not
legitimate. Utilitarian thinkers believe this can be disregarded as to avoid a greater evil,
authorities inevitably have to break the law. Michael Ignatieff (2004) states that
governments needn't follow national and international law as precisely in case violating
this law will avoid bigger crimes.
“Sticking too firmly to the rule of law simply allows terrorists too much leeway to
exploit our freedoms. Abandoning the rule of law altogether betrays our most valued
institutions. To defeat evil, we may have to traffic in evils: indefinite detention of
subjects, coercive interrogations, targeted assassinations, even pre-emptive war. These
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