International Law Outline

R. v. Horseferry Road Magistrates Court, Ex Parte Bennett

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R. v. Horseferry Road Magistrates Court, Ex Parte Bennett – English Court – 1993 (410) – PERSUASION. English police convinced South African police to arrest New Zealand defendant and return forcibly to England under pretext of deporting him to NZ. Court held English courts have DISCRETION not to exercise jx if English police have disregarded extradition procedures.

  1. Dissent – proper remedy for executive branch wrongdoing is civil/criminal proceeding against wrongdoers, not denial of jx.

  • Levinge v. Director of Custodial Services – Australian Court – 1987 (411) – held that judges have discretion to refuse to exercise jx over D who have been brought in irregularly

    1. New Zealand has also adopted discretionary approach

  • State v. Ebrahim – South African Court – 1991 (411) – two men falsely identifying as SA cops seized SA citizen in Swaziland, brought to SA and charged with treason. Swaziland did NOT protest abduction.

    1. Court concluded it lacked jx to try person brought before it by state-sponsored abuduction.

      1. Individual must be protected from unlawful acts, and state sovereignty must be protected.

    2. NOTE – SA Constitution REQUIRES it to abide by int’l law

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