Judicial jurisdiction is ordinarily dependent upon the presence of the defendant in the territory of the prosecuting state following his arrest within that territory. There may be circumstances where a court is able to proceed in the absence of the defendant, as trials in absentia are not, per se, contrary to international law. Human rights law, however, imposes some limitations on a state's power so to proceed1. Where the forum law requires the presence of the defendant, obtaining custody over him if he is not in the territory may depend upon
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