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State v. Ebrahim

SOUTH AFRICA.  26 February 1991 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Jurisdiction — Executive — Individuals abducting South African national in Swaziland and transporting him to South Africa to stand trial — Whether individuals agents of South African Government — Whether South African court having jurisdiction to try person brought into its jurisdiction against his will — “Clean hands” doctrine

Relationship of international law and municipal law — In general — Restrictions on the exercise of power by one State in the territory of another — South African agents abducting South African national from Swaziland and transporting to South Africa to stand trial — Whether international law applicable — Whether applicable domestic law prohibiting such actions

State responsibility — For acts of agents — Individual abducted from residence in Swaziland and transported to South Africa to stand trial — Circumstances surrounding abduction — Whether sufficient to show involvement of South African Government in the abduction — The law of South Africa

Type
Case Report
Copyright
© Cambridge University Press 1994

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