n South African Journal of Criminal Justice - Terrorism and the separation of powers in the national and international spheres
|Article Title||Terrorism and the separation of powers in the national and international spheres|
|© Publisher:||Juta Law Publishing|
|Journal||South African Journal of Criminal Justice|
|Publication Date||Jan 2005|
|Pages||151 - 166|
The United Nations Security Council produces a list of terrorist organizations and persons and requires states to take certain measures against these entities. This article focuses on the 'listing' aspect of the South African legislation, that is, its adoption of the Security Council list and the measures that may be taken against the entities placed on the list. The article considers various objections to the listing procedure, including those based on human rights, on the doctrine of separation of powers and on the rule of law. The main discussion centres on the doctrine of separation of powers, arguing that the doctrine has a role to play in both domestic and international law, and exploring the extent to which the anti-terrorism regime, and the listing process in particular, infringes the doctrine. The final section of the article explores the options available to South African courts should they be faced with a challenge to the decisions of the United Nations Security Council.
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