n South African Journal of Criminal Justice - International criminal law : a selected case : case review




Consistent with constitutional and international human rights standards safeguarding the right to liberty, it is trite law in South Africa that a summons or written notice should be issued in preference to a warrant of arrest, as the least restrictive means to the desired end, where the suspect does not pose a risk to potential witnesses or the integrity of the criminal process (see N Steytler (1998) at 52; ss 54(1), 56(1) Criminal Procedure Act 5 of 1977; 1951 3 SA 10 (A) 17; 1993 2 SACR 606 (W) 608E). Should an international court adopt a different approach where an individual is suspected of committing serious international crimes, and securing the presence of the suspect is almost entirely dependent on cooperation from a recalcitrant territorial State?


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