Historical Developments in the Enjoyment of the Right to a Fair Trial by Those Accused of Committing Terrorist Acts, with an Emphasis on the Case of Omar Khadr in Canadian Courts in the Light of International Humanitarian soft Law

With the spread of terrorist operations in the aftermath of the 9/11 attacks, in the process of combating terrorist activities, for a variety of reasons, including the lack of control tools and the special status of terrorist forces relative to ordinary people, some governments have taken steps to prevent defendants They committed terrorist acts in some instances of human rights and humanitarian law, including the right to a fair trial.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The new practices have been heavily criticized by writers, lawyers and even non-governmental actors such as the Red Cross. These criticisms led to the drafting and ratification of important non-binding documents by the United Nations. These non-binding documents moved to interpret and reinforce existing rigid norms.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

In analyzing the case law of national courts in the face of soft humanitarian law, two different assumptions can be made: In the first hypothesis, the pattern of behavior of national courts in the face of the soft law environment is also considered by other national courts in the territory of other countries and this behavior of national courts through repetition, in fact, provides a good basis for the formation of international customary norms and rules. In the second hypothesis, national courts resist the formation of new customary norms and rules. Simply put, they do not enforce the soft norms and rules proposed by other courts in the international law literature because they are non-binding and conflict with some of the existing strict principles and rules.