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This is an accepted version of this page This is the latest accepted revision, reviewed on 10 January 2025. Intentional and unlawful killings of individuals by state actors without judicial process This painting, The Third of May 1808 by Francisco Goya, depicts the summary execution of Spaniards by French forces after the Dos de Mayo Uprising in Madrid. An extrajudicial killing (also known as ...
Due process developed from clause 39 of Magna Carta in England. Reference to due process first appeared in a statutory rendition of clause 39 in 1354 thus: "No man of what state or condition he be, shall be put out of his lands or tenements nor taken, nor disinherited, nor put to death, without he be brought to answer by due process of law."
During the apartheid years (from 1948 until the early 1990s), South Africa's security forces were also accused of using extrajudicial means to deal with their political opponents. [citation needed] [4] After his release, Nelson Mandela would refer to these acts as proof of a Third Force. This was denied vehemently by the administration of F.W ...
Section 35(3) of the South African Bill of Rights prohibits ex post facto criminal laws, except that acts which violated international law at the time they were committed may be prosecuted even if they were not illegal under national law at the time. It also prohibits retroactive increases of criminal punishments.
Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution.
The Due Process Clauses apply to both natural persons, including citizens and non-citizens, as well as to "legal persons" (that is, corporate personhood). The Fifth Amendment's Due Process Clause was first applied to corporations in 1893 by the Supreme Court in Noble v. Union River Logging R. Co. [16] Noble was preceded by Santa Clara County v
In United States jurisdictions, obstruction of justice refers to a number of offenses that involve unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investigators, or other government officials.
Countermeasure in public international law refers to reprisals [a] not involving the use of force. In other words, it refers to non-violent acts which are illegal in themselves, but become legal when executed by one state in response to the commission of an earlier internationally wrongful act by another state in order to induce that state to comply with its legal obligations.