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The Relevance Of Humanitarian Law To Terrorism And Terrorists

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Chapter Summary

In 1937, after the assassination of King Alexander of Yugoslavia by a Croatian nationalist, the League of Nations adopted the Convention for the Prevention and Punishment of Terrorism. The Attorney General is entitled to insist on the proper limits of judicial authority, but he is wrong to stigmatise judicial decision-making as in some way undemocratic. In enacting legislation and reaching decisions Parliament and ministers must give due weight to fundamental rights and freedoms. For their part, when carrying out their assigned task the courts will accord to parliament and ministers, as the primary decision-makers, an appropriate degree of latitude. The effect of these decisions is to reaffirm the right of all detainees held on the mere decision and at the discretion of the executive to challenge that decision and have the legality of the detention determined by the courts a decision that upholds their rights under the principles of humanitarian law.

Keywords: humanitarian law; judicial decision-making; terrorism



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