Constitutional and International Law at a Crossroads: Diplomatic Protection in the Light of the Von Abo Judgment

Abstract

The application of the law of diplomatic protection has been relatively settled for some time. The individual, not a traditional subject of international law, has been reliant on his state of nationality to use diplomatic protection to protect his interests where a foreign state has violated his international human rights. South African courts have, in the past, followed international precedent when confronted with citizens seeking the state’s exercise of diplomatic protection. Following the so-called land grabs in Zimbabwe, Von Abo, a South African , with farming interests in that country, approached the South African government and requested that it protect his property interests in Zimbabwe through the exercise of its right to diplomatic protection. When he obtained no relief, he approached the High Court.