Israeli Supreme Court Said It First...

So back here I reference the "ticking time bomb" scenario versus the "defense of necessity" model, vis-a-vis torture. Well, as it turns out, the Israeli Supreme Court said it first, aaaaalllll the way back in 1999, in it's incredibly important judgement on the legality of torture, which, grace au the court itself, you can read here.

Particularly on point:

35. Indeed, we are prepared to accept that, in the appropriate circumstances, GSS investigators may avail themselves of the “necessity defense” if criminally indicted. This, however, is not the issue before this Court. We are not dealing with the criminal liability of a GSS investigator who employed physical interrogation methods under circumstances of “necessity.” Nor are we addressing the issue of the admissibility or probative value of evidence obtained as a result of a GSS investigator’s application of physical means against a suspect. We are dealing with a different question. The question before us is whether it is possible, ex ante, to establish permanent directives setting out the physical interrogation means that may be used under conditions of “necessity.” Moreover, we must decide whether the “necessity defense” can constitute a basis for the authority of a GSS investigator to investigate, in the performance of his duty. According to the state, it is possible to imply from the “necessity defense”—available post factum to an investigator indicted of a criminal offence—the ex ante legal authorization to allow the investigator to use physical interrogation methods. Is this position correct?

36. In the Court’s opinion, the authority to establish directives respecting the use of physical means during the course of a GSS interrogation cannot be implied from the “necessity defense.” The “necessity defense” does not constitute a source of authority, which would allow GSS investigators to make use physical means during the course of interrogations. The reasoning underlying our position is anchored in the nature of the “necessity defense.” The defense deals with cases involving an individual reacting to a given set of facts. It is an improvised reaction to an unpredictable event. Thus, the very nature of the defense does not allow it to serve as the source of authorization. ...

37. ...Granting GSS investigators the authority to apply physical force during the interrogation of suspects suspected of involvement in hostile terrorist activities, thereby harming the suspect's dignity and liberty, raises basic questions of law and society, of ethics and policy, and of the rule of law and security. ...
-- President A. Barak (for the court, more or less)