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Minister of Justice and Constitutional Development and Others v. Southern Africa Litigation Centre and Others

South Africa.  15 March 2016 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Relationship of international law and municipal law — International Criminal Court (ICC) — Obligation to arrest and surrender person subject of ICC arrest warrant — South Africa — Implementation of Rome Statute of the International Criminal Court Act 2002 — Whether prevailing over head of State immunity under customary international law

State immunity — Head of State — Whether head of State enjoying immunity from arrest in terms of customary international law — South Africa — Provisions of Section 4(1) of Diplomatic Immunities and Privileges Act 2001 (DIPA) — Whether immunity existing by virtue of hosting agreement concluded with African Union and ministerial proclamation under Section 5(3) of DIPA

International criminal law — International Criminal Court — Arrest warrants — Duty of State Party to Rome Statute to implement arrest warrant — Whether prevailing over customary international law on immunity of head of State — The law of South Africa

Keywords

Relationship of international law and municipal lawState immunityInternational criminal law
Type
Case Report
Information
International Law Reports , Volume 168 , 2017 , pp. 600 - 655
Copyright
© Cambridge University Press 2017

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