Constitutional Values and Imperatives in South Africa’s Approach to Extraterritorial Jurisdiction

This chapter examines South Africa’s approach to extraterritorial jurisdiction, highlighting how its constitutional obligation to protect, respect, promote, and fulfil the rights enshrined in its Bill of Rights informs its engagement with international law. The analysis first establishes South Africa’s constitutional framework, particularly its commitment to human rights, justice, and accountability, which serve as guiding principles in both domestic and international contexts. Through key case law, including Kaunda and the Zimbabwe Torture Docket case, this chapter illustrates how South African courts navigate the tension between constitutional imperatives and the principles of international law, particularly the respect for state sovereignty. Finally, the discussion evaluates South Africa’s stance on universal jurisdiction, demonstrating that by anchoring its approach to extraterritoriality in constitutional mandates and values, the country positions itself as a global leader in human rights protection.