FreeDuck wrote:Correct me if I'm wrong, but I believe that a tip of an imminent explosion constitutes probable cause and that the police don't need a warrant to evacuate a building in such a case. That, I believe, IS the legally required thing to do. However, were the police to find the caller of the anonymous tip and torture him until the caller told them exactly what was in the truck and who was responsible, that is not legal, nor should it ever be.
Your example has nothing to do with whether Israel has the legal right to defend itself, in whatever manner Israel determines is necessary to survive, against nations or groups attacking Israel.
Rockets firing into northern Israel from outside of Israel constitutes probable cause. IDF evacuating northern Israel is a legal self-defense tactic. IDF attacking rocket launching sites outside of Israel that are firing rockets or are said by anonymous callers to be aiming rockets at northern Israel, is a legal self-defense tactic. Also, IDF attacking neigborhoods that have allowed sanctuary to these rocket firing sites and to those that fire rockets from these sites, is a legal self-defense tactic.
So let's change your example to fit the actual reality with which Israel was/is confronted.
A tip from an anonyous caller of imminent rocket firing from outside the country into a city inside the country constitutes probable cause and the country's defense force doesn't need a warrant to begin evacuating the city as quickly as they can in such a case. That, I believe, IS the legally required and rational thing to do. If the defense force were to capture the caller of the anonymous tip and
force the caller to tell from where the rockets were going to be fired and who was going to fire them, that
is the rational thing to do, and should always be the legally rational thing to do.
The question one might raise is how much or what kind of
force is legally rational to use.
Should it be legal to befriend, incarcerate, bribe, frighten, insult, humiliate, or to deprive of sleep or normal diet, such an anonymous caller for the single purpose of deterimining where the rockets were going to be fired and who was going to fire them, but not use the information obtained to indict/convict the caller?
I say yes, because I believe that is easily justifed on the basis of probable saving of many lives! I guess you would say no!
The
force I would prohibit is killing, maiming, disabling, or wounding the captured anonymuous caller. I would prohibit that out of respect, not for the captured anonymous caller, but for the interrogators of the captured anonyous caller.
Is befriending, incarcerating, bribing, frightening, insulting, humiliating, or depriving of sleep or normal diet, torture? I think so!
Is killing, maiming, disabling, or wounding, also torture? Of course, but it is far crueler torture.