Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 21 July 2019

Abstract and Keywords

This chapter describes South Africa’s law governing the immunity of foreign states and officials, as well as of regional organizations. As the chapter explains, this law is made up of a combination of customary international law, international treaty law, English law, parliamentary legislation, and constitutional law. The chapter begins by describing the domestic status of international law in South Africa. It then describes in detail the 1981 Foreign States Immunities Act, including the various limitations on and exceptions to immunity set forth in the Act. After discussing the immunity of foreign states, it addresses head of state and diplomatic immunities and describes the controversial Bashir case from 2015 concerning a request from the International Criminal Court that South Africa arrest and surrender a sitting head of state. Finally, the chapter discusses the immunity of regional organizations and their staff, in particular the African Union and the South African Development Community.

Keywords: South Africa, immunities, Foreign States Immunities Act, diplomatic immunity, head of state immunity, Bashir case, regional organizations

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.