Foreign relations, international co-operation in criminal matters and the position of the individual

Abstract

In this article it is argued that, although international co-operation in criminal matters should be regarded as essentially a matter of foreign relations between sovereign states, there are certain implications for individuals. Not only should individuals be regarded as subjects of international law, but the issue should also be analysed in the context of South Africa's constitutional order with its emphasis on the protection of human rights. It is argued that the courts are best placed to evaluate and balance the different issues at stake in matters of co-operation in criminal matters.