REDRESS/AMANI first additional Protocol to these Conventions, no matter where such acts have been committed.204 As the exercise of criminal jurisdiction, Zimbabwe is traditionally based on the principle of territoriality, and it is unlikely that its courts will exercise universal jurisdiction for international crimes by virtue of the general criminal law. The only common-law crime which is the exception to the rule against extraterritorial jurisdiction is treason, and the courts have jurisdiction to try treason committed against the State of Zimbabwe anywhere in the world. 205 A number of statutes also provide for crimes committed outside of the country to be tried in Zimbabwe, none of which concerns human rights violations. 206 The Privileges and Immunities Act [Chapter 3:03] provides diplomatic and consular immunity ratione personae to diplomatic and consular personnel. 207 B. Extradition Law The Extradition Act [Chapter 9:08] provides for extradition to and from Zimbabwe on two bases: firstly, extradition in term of agreements entered into between the Zimbabwe government and the governments of foreign States; secondly, extradition to and from designated countries. The Act is divided into three parts: Part I deals with extradition in terms of extradition agreements, Part II with extradition to and from designated countries, and Part III with issues such as bail, legal representation and evidence at extradition hearings before Magistrates Courts under the Act. 208 Under Part I, the Minister of Home Affairs 209 can enter agreements with other countries, and it is not necessary for the agreement to be on the basis of reciprocity, but it must be in accordance with Zimbabwe’s international treaty obligations.210 The double-criminality rule does not apply, and the agreement may relate to “ any offences whatsoever, whether or not they are offences in both 204 Section 3(1) of the Act provides that: “ Any person, whatever his nationality who, whether in or outside Zimbabwe, commits any such grave breach of a scheduled Convention or of the First Protocol as is referred to in(a) article 50 of the Convention set out in the First Schedule; or (b) article 51 of the Convention set out in the Second Schedule; or (c) article 130 of the Convention set out in the Third Schedule; or (d) article 147 of the Convention set out in the Fourth Schedule; or (e) paragraph 4 of Article 11 or paragraph 2, 3 or 4 of Article 85 of the First Protocol, shall be guilty of an offence.” 205 In early 2003, MDC leader Morgan Tsvangirai and two others began standing trial on allegations of treason committed abroad. They are accused of having plotted in London to have Mugabe assassinated. They were acquitted in 2004. (At the time of going to print he was still facing a further charge of treason following an allegation that he had incited the overthrow of the Government at a political rally). In an unusual case involving theft by a Zimbabwean diplomat from its embassy in Belgium, the Supreme Court confirmed that Zimbabwe had jurisdiction to try the offence on the basis of the ‘harmful effect’ doctrine: S v Mharapara 1985 (2) ZLR 211 (S). In regard to an accused wanted for an alleged offence in Zimbabwe who has been brought unlawfully into the country, the Supreme Court ruled that Zimbabwe courts do not have jurisdiction: see S v Behan 1991 (2) ZLR 98 (S). In that case the accused had been effectively kidnapped in Botswana (which borders on Zimbabwe) by Zimbabwe security agents and forcibly brought into the country to face charges relating to apartheid South African attacks on Zimbabwe. In declining jurisdiction, the Supreme Court refused to follow a line of contrary South African and Rhodesian cases. 206 For example under Section 3 (1) the Aircraft (Offences) Act [Chapter 9:01], and Section 45 (1) of the Defence Act [Chapter 11:02]. 207 The Act incorporates the Vienna Convention on Diplomatic Relations, 1961 and the Vienna Convention on Consular Relations, 1963. 208 See generally on extradition Criminal Procedure in Zimbabwe, John Reid Rowland, Legal Resources Foundation, Legal Publications Unit, Harare, 1997. 209 The administration of the Act is assigned to him in terms of Section 2. 210 Section 3. 41