The so-called ticking time bomb case is supposed to prove that there shouldn’t be an absolute ban on torture, and that torture is in some cases justified if it can help to prevent catastrophic harm. Maybe there shouldn’t be an absolute ban, but the ticking bomb case is the wrong way to prove it.
Just a brief reminder of what the ticking bomb case is about. Suppose a ticking bomb has been hidden in a densely populated area and will soon kill thousands or millions if not disarmed. The authorities have managed to capture a terrorist who has either hidden the bomb himself or knows where it has been hidden. (One can replace the “ticking bomb” with another and similar type of deadly device without changing the nature of the argument. The “ticking bomb” is in fact a “pars pro toto”, encompassing cases which do not necessarily involve an actual ticking bomb but which are nevertheless similar with respect to their circumstances and consequences).
The authorities are sure the captured person knows where the bomb is and how to disarm it, but the problem is that he obviously doesn’t want to reveal this information. However, the authorities are also pretty sure that he will do so under torture. There is no other or alternative way to extract the information, and simply evacuating people isn’t an option given the urgency and the lack of knowledge about the exact location of the bomb. Are we therefore not morally allowed to use torture in order to get the information and save numerous lives? Or, a somewhat stronger claim: are we not morally obliged to torture given the enormous benefits for large numbers of people compared to the limited costs for the tortured individual?
Given the choice between inflicting a relatively small level of harm on a wrongdoer and saving an innocent person, it is verging on moral indecency to prefer the interests of the wrongdoer. (source)
The problem – if it is a problem – is that this thought experiment can’t justify torture. It can’t because it’s loaded with so many hypotheticals that the chances of a case like it occurring in real life are close to zero. People simply have to know too much and yet just – just – not enough. That’s state of affairs is very unlikely, as is the application of torture that is so effective that it delivers accurate information in a very short time frame (remember, the bomb is ticking…).
Hence, if we won’t see a case like it in real life, the thought experiment can’t justify real life torture. At most it may be able to justify torture in theory. The purely theoretical nature of the whole affair is supported by the absence of ticking bomb cases in history. Some cases that are claimed to have been ticking bomb cases – such as the torture of Abdul Hakim Murad – were in fact, after closer examination, none of the kind. Murad only gave away his information after a month of torture, and it came as a surprise. He was tortured not because of an imminent threat. There was no such threat, and the torturers did not act on the assumption that there was.
In 1995, the police in the Philippines tortured Abdul Hakim Murad after finding a bomb-making factory in his apartment in Manila. They broke his ribs, burned him with cigarettes, forced water down his throat, then threatened to turn him over to the Israelis. Finally, from this withered and broken man came secrets of a terror plot to blow up 11 airliners, crash another into the headquarters of the Central Intelligence Agency and to assassinate the pope. … it took more than a month to break Mr. Murad and extract information – a delay that would have made it impossible to head off an imminent threat. (source)
I assume that all those who come up with the ticking bomb to justify torture want to use the case not to justify ticking bomb torture but other, more mundane forms of torture. After all, when you think you’ve managed to crack open the door a little bit – even theoretically – maybe it will swing wide open.