'Jurisdiction of custodial State or State where present' in document 'South Africa: Implementation of the ICC Statute'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 1
Definitions, Objects and Interpretation of an Act (ss 1-3)

3 Objects of Act

The objects of this Act are:

(d) to enable, as far as possible and in accordance with the principle of complementarity as referred to in Article 1 of the Statute, the national prosecuting authority of the Republic to prosecute and the High Courts of the Republic to adjudicate in cases brought against any person accused of having committed a crime in the Republic and beyond the borders of the Republic in certain circumstances.

Chapter 2
Jurisdiction of South African Courts and Institution od Prosecutions in South African Courts in Respect of Crimes (ss 4-5)

4 Jurisdiction of South African courts in respect of crimes

(3) In order to secure the jurisdiction of a South African court for purposes of this Chapter, any person who commits a crime contemplated in subsection (1) outside the territory of the Republic, is deemed to have committed that crime in the territory of the Republic if

(c) that person, after the commission of the crime, is present in the territory of the Republic

CHAPTER 5
MISCELLANEOUS (ss 33-40)

37 Offences against administration of justice in terms of Statute

(1) Any person who-

(b) outside the territory of the Republic and who-

(iii) after the commission of the offence, is present in the territory of the Republic;