Human rights — Nature and scope of human rights treaties — European Convention on Human Rights, 1950 — Article 1 — Duty of parties to secure rights and freedoms under the Convention to persons within their jurisdiction — Extent of Convention — Whether applicable to actions of United Nations subsidiary organ — Whether applicable to actions of Contracting Party’s armed forces forming part of multinational force operating under mandate from the United Nations Security Council — KFOR operating in Kosovo — United Nations Security Council Resolution 1244 (1999)

Human rights — Right to life — Failure to clear unexploded munitions — Whether entailing violation of European Convention on Human Rights, 1950, Article 2

Human rights — Freedom from arbitrary arrest and detention — Whether multinational force in Kosovo authorized to detain without trial — European Convention on Human Rights, 1950, Article 5

International organizations — United Nations — Security Council — United Nations Charter, Chapter VII — Authorization to NATO-led force not under direct United Nations command — Whether a delegation of powers by the Security Council — Extent of delegation — KFOR operating in Kosovo — United Nations Security Council Resolution 1244 (1999) — Subsidiary organs — UNMIK civil administration in Kosovo

International tribunals — European Court of Human Rights — Jurisdiction — Whether entitled to review legality of acts of United Nations — Whether acts of national contingent in force authorized by United Nations Security Council within jurisdiction of the Court

State responsibility — Attribution — Whether acts of national contingent in multinational force authorized by Security Council attributable to State or to United Nations

War and armed conflict — United Nations — Military operations authorized by United Nations Security Council but not under direct United Nations command — Aftermath of armed conflict — Kosovo

International criminal law — Command responsibility — Whether concept of command responsibility applicable to non-international armed conflict — Command responsibility as a method of enforcing responsible command — Whether a superior responsible for failure to punish acts committed prior to that person assuming command — Customary international law — Existence of criminal responsibility — Principle of legality

Sources of international law — Customary international law — State practice — Opinio juris — Application of a principle of customary international law — Interpretation of customary international law — Relationship of criminal liability to customary international law — Principle of legality

International tribunals — International Criminal Tribunal for the Former Yugoslavia — Power of the Tribunal to apply and interpret customary international law

International organizations — International administrative tribunals — World Bank Administrative Tribunal — Investigation — Misconduct — Due process — Anonymous accusations — Public activities and interests — Conflict of interest — National legislation as source of law — Bank practice as source of law — Waiver of right to invoke Tribunal’s jurisdiction

International organizations — International administrative tribunals — World Bank Administrative Tribunal — Reassignment — Redundancy — Withdrawal of redundancy — Retaliation — Anonymous accusations — Evaluation of management skills

International organizations — International administrative tribunals — World Bank Administrative Tribunal — Probationary appointment — Non-confirmation of appointment — Performance evaluation — Evaluation of senior management — Reassignment — Retaliation

International organizations — International administrative tribunals — World Bank Administrative Tribunal — Investigation — Misconduct — Abuse of position for financial gain — Acceptance of remuneration from outside parties in connection with Bank appointment — Failure to observe generally applicable norms of prudent professional conduct — Performance of service for outside entity — Retention and sharing of pornography — Application of amended staff rules — Proportionality of sanction — Due process — Administrative leave during investigation — Removal from office premises

International organizations — International administrative tribunals — World Bank Administrative Tribunal — Family support owed by Bank staff members — Staff members’ private legal obligations — Withholding of compensation and benefits in misconduct cases — Bank practice as source of law — Investigation — Conduct of investigation by Ethics Office — Misconduct — Disciplinary procedures — Confiscation of staff property — Bank’s relationship to national authorities — Relationship of Tribunal to national courts — Implementation of national court judgment — Due process — Transparency — Bank immunity — Pension — Settlement of case

Human rights — Discrimination — Sex discrimination — Convention on the Elimination of All Forms of Discrimination Against Women, 1979 — Background and objects — Concept of discrimination under Convention — Whether requiring denial of equality of treatment in relation to men — Application to distinctions made on basis of marital status — Articles 1 and 5 (a) — The law of Australia

State immunity — States — Entitlement to claim State immunity — Whether recognition by the government of the forum State a prerequisite to entitlement to State immunity — Taiwan — Canada State Immunity Act — Section 14 — Certificate by Ministry of Foreign Affairs conclusive evidence of whether or not defendant a State — Ministry declining to issue certificate in respect of department of the Government of Taiwan — Whether conclusive evidence that Taiwan not a State for purposes of State immunity — Whether Court entitled to enter into own examination of the question of statehood

States — Recognition — Criteria of statehood — Declaratory and constitutive theories of recognition — Implied recognition

Relationship of international law and municipal law — Statehood — Whether foreign entity a State under international law — Whether question within the exclusive preserve of the executive — The law of Canada

Human rights — Torture — Prohibition of torture and cruel, inhuman and degrading treatment and punishment — Absolute character of prohibition — Interrogation techniques — Counter-terrorism — Use of physical force in interrogation prohibited in the absence of clear statutory authorization — The law of Israel

Human rights — Detention — Detention without trial on security grounds — Conditions of detention — United Nations Standard Minimum Rules for Treatment of Prisoners — Geneva Conventions, 1949 — Minimum humanitarian conditions for detainees — Whether Israel Defence Force security detentions in West Bank violated minimum conditions

War and armed conflict — Occupation — Security powers — Detention without trial — Governing law — West Bank — Applicability of Geneva Conventions, 1949 — The law of Israel

Human rights — Detention — Detention without trial for security reasons — Justification in emergency — Limitations on power of detention — Whether periods of detention too long — Requirements of necessity and proportionality

War and armed conflict — Occupation — Security powers of occupant — Detention without trial for investigative purposes — Applicable law — Fourth Geneva Convention, 1949 — International Covenant on Civil and Political Rights, 1966 — Hague Regulations on the Laws and Customs of War on Land, 1907 — The law of Israel

Human rights — Prisoners — Access to lawyers — Conditions of access — Lawyers restricted to visiting prisoners outside prisoners’ working hours — Whether unlawful restriction — Body of Principles for the Protection of All Persons under any Form of Detention or Imprisonment, 1988 — Adopted by United Nations General Assembly resolution

International organizations — United Nations — General Assembly — Legal effect of resolutions — Body of Principles for the Protection of All Persons under any Form of Detention or Imprisonment, 1988 — Adopted by United Nations General Assembly Resolution No 43/173 — Value as guidance on content of customary international law

Relationship of international law and municipal law — Customary international law — Constitution of the Russian Federation, Article 15(4) — International law forming part of the Russian legal system — The law of the Russian Federation

State immunity — States — Entitlement to claim State immunity — Whether recognition by the government of the forum State a prerequisite to entitlement to State immunity — Taiwan — Singapore State Immunity Act 1985 — Section 18 — Certificate by Ministry of Foreign Affairs conclusive evidence of whether or not defendant a State — Ministry declining to issue certificate in respect of department of the Government of Taiwan — Whether conclusive evidence that Taiwan not a State for purposes of State immunity — Whether Court entitled to enter into own examination of the question of statehood

States — Recognition — Declaratory and constitutive theories of recognition — Implied recognition — Requirement that acts be undertaken with intention of recognition — Taiwan — Whether recognized as a State by Singapore — Singapore’s “one-China” policy

Relationship of international law and municipal law — Statehood — Whether foreign entity a State under international law — Whether question within the exclusive preserve of the executive — The law of Singapore

Diplomatic relations — Diplomatic immunity — Purchase by ambassador of shares of company owning residential property — Purchase price of shares unpaid — Whether company entitled to eviction order against ambassador — Ambassador claiming that property acquired for carrying out diplomatic functions — Whether ambassador entitled to jurisdictional immunity — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1) (a) — Scope — Exception from immunity of diplomatic agent’s “private property” — Whether ambassador’s acquisition falling within exception — Recognition of diplomatic premises — Whether requirements of Diplomatic Immunities and Privileges Act 1989 complied with — The law of South Africa

Sea — Exclusive economic zone (“EEZ”) — Whether patent registered under municipal law of State can be infringed in State’s EEZ — Apparatus patented in South Africa used in South Africa’s EEZ without consent of patent holder — Whether patent infringed thereby — Patents Act 1978 — Maritime Zones Act 1994 — The law of South Africa

Sea — Territorial waters — Ownership of seabed beneath territorial waters of South Africa vesting in President of South Africa — Sea-shore Act 21 of 1935 — Laying of submarine telecommunications cable in territorial waters — Section 70(1) of Telecommunications Act 1996 — Whether “land” and “waterway” could mean seabed in territorial waters — Whether lease of seabed required for laying of cable — The law of South Africa

International criminal law — Universal jurisdiction — War crimes — Whether exercise of universal jurisdiction mandatory in respect of war crimes

War and armed conflict — International humanitarian law — Nature of conduct amounting to war crimes — Whether technical legal issues assuming constitutional dimension in context of war crimes — Whether State having a duty to prosecute war crimes — Whether person accused of war crimes remaining entitled to constitutional rights — The law of South Africa

Air — Civil air transport — Warsaw Convention, 1929, Articles 17 and 24 — Claims by passenger against international air carrier for contractual and delictual damages — Whether such claims admissible under municipal law — Whether provisions of Warsaw Convention containing exclusive cause of action — Decisions of courts of England, United States and France — Relevance

Treaties — Interpretation — Warsaw Convention, 1929 — Comparative interpretation — Principles — Whether uniformity manifestly desirable — Decisions of courts of England, United States and France — Relevance — The law of South Africa