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4 Nottingham L.J. 207 (1995)
When the State Kills - McCann and Others v. United Kingdom

handle is hein.journals/notnghmlj4 and id is 227 raw text is: NOTTINGHAM LAW JOURNAL CASENOTES The address for submission of casenotes is given at the beginning of this issue. WHEN THE STATE KILLS McCann and Others v. United Kingdom The Times 9 October 1995 To what extent can a democracy defend itself against terrorism? Is it the case that terrorists have no human rights?' Should those who live by the sword die by the sword?2 Or are the rights of all human beings, even terrorists, inalienable?3 In theory every democracy is committed to the rule of law. Yet in practice at what point is a state in danger of resorting to the tactics traditionally associated with terrorism? These questions lie at the very heart of McCann and Others v. United Kingdom.4 In what was its most politically controversial decision for a decade, the European Court of Human Rights held that in 1988 three unarmed members of the IRA had been unlawfully shot dead by SAS soldiers on Gibraltar. The ruling generated a political furore. Conservatives and Unionists were outraged. The decision was variously described as incomprehensible and dangerous (Deputy Prime Minister Michael Heseltine),5 defying common sense (Michael Ancram MP),6 a bad decision (David Trimble MP),7 and an idiotic judgment (Peter Robinson MP).8 Equally predictable was the reaction of Republican leaders and I The Sun, Editorial 28 September 1995. 2 The Bible, Matthew 26:52. 3 The Preamble to the Universal Declaration of Human Rights (1948) recognizes the inalienable rights of all members of the human family. 4 Case Number 17/1994/464/545. s BBC2 Newsnight, 27 September 1995. 6 The Belfast Telegraph, 27 September 1995. 7 Ibid. 8 Ibid.

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