Human rights — Genocide — Definition of genocide — Genocide Convention, 1948 — Conflict in Bosnia–Herzegovina — Commission of atrocities against civilian population — Whether amounting to genocide — Relationship between genocide and other violations of humanitarian law and human rights law — Whether genocide taking place — Whether imputable to Yugoslavia (Serbia and Montenegro) — Duty to prevent genocide — Extent of duty placed upon States not party to the conflict — Whether requiring active intervention to prevent genocide — Prohibition of genocide — Whether possessing status of jus cogens — Effect on powers of the Security Council under Chapter VII of the United Nations Charter

International Court of Justice — Provisional measures of protection — Jurisdiction — Requirement of prima facie basis for jurisdiction — Measures required to protect rights which might be established in the exercise of that jurisdiction — Duty of Court to refuse requests for provisional measures going beyond prima facie basis for jurisdiction — Grounds for indication of provisional measures — Effect of provisional measures — Whether legally binding — Effect on third parties — Power of Court to indicate provisional measures proprio motu — Power of Court to indicate provisional measures to prevent aggravation or extension of the dispute — Procedure on request for provisional measures — Evidence — Admissibility of media material — Findings of fact and imputability — Urgency — Duty of Court to enable both Parties to be heard — Fresh request for provisional measures — Relationship between Court and Security Council — Matter before both Court and Security Council — Duties of both organs — Genocide — Request for provisional measures to prevent genocide

International Court of Justice — Jurisdiction — Genocide Convention, 1948, Article IX — Extent of jurisdiction conferred upon the Court — Doctrine of forum prorogatum — Whether Respondent consenting to jurisdiction of the Court by making request for provisional measures going beyond established basis for jurisdiction

International organizations — United Nations — Security Council — Powers under Chapter VII of the Charter — Limits on the power of the Security Council — Allegation of conflict between binding resolution of the Council and rule of jus cogens — Resolution 713 (1991) — Maintenance of arms embargo in respect of all territories of the former Yugoslavia — Application to Bosnia–Herzegovina — Whether denying Bosnia–Herzegovina the means to prevent the commission of genocide — Whether contrary to Genocide Convention, 1948 — Whether International Court of Justice should indicate provisional measures regarding validity and effect of resolution

Sources of international law — Hierarchy of sources — Jus cogens — Resolutions of Security Council — Priority of Security Council resolution over obligations derived from other international agreements — United Nations Charter, Article 103 — Whether applicable to rules of jus cogens — Genocide Convention, 1948

States — Dissolution of State — Socialist Federal Republic of Yugoslavia — Independence of former republics of Yugoslavia — Continued existence of Yugoslav State — Bosnia–Herzegovina — Peace negotiations — Partition between the three ethnic communities

State succession — Treaties — Yugoslavia — Dissolution of Socialist Federal Republic of Yugoslavia — Succession to treaty obligations — Genocide Convention, 1948 — Bosnia–Herzegovina — Whether entitled to succeed to Convention — Deposit of notification of succession — Vienna Convention on Succession of States in respect of Treaties, 1978 — Whether declaratory of customary law — Yugoslavia (Serbia and Montenegro) — Whether continuation of Socialist Federal Republic of Yugoslavia — Whether bound by treaty obligations of Socialist Federal Republic

Governments — Head of State — Whether entitled to act on behalf of State — Bosnia–Herzegovina — Challenge to legitimacy of President and Government — Whether President entitled to seise International Court of Justice of dispute

State responsibility — For acts of armed groups operating in another State — Serb forces in Bosnia–Herzegovina — Whether acts imputable to Yugoslavia (Serbia and Montenegro) — Whether International Court of Justice should make findings of imputability in provisional measures proceedings

Territory — Acquisition of — By force — Whether prohibited under Genocide Convention, 1948 — Whether partition of territory as a result of peace negotiations incompatible with international law

Treaties — Interpretation — Genocide Convention, 1948 — Statute of the International Court of Justice — Reference to travaux préparatoires — Relationship between treaties and customary international law

War and armed conflict — Civilians — Atrocities committed against civilians in armed conflict — Genocide — Ethnic cleansing — Conflict in Bosnia–Herzegovina — Involvement of United Nations — United Nations forces — War crimes and crimes against humanity — Genocide Convention, 1948 — Jurisdiction of International Court of Justice — Geneva Conventions, 1949 — Other agreements relating to international humanitarian law — Whether conferring jurisdiction upon the Court

Arbitration — Arbitration between government and foreign company — UNCITRAL Rules — Composition of Tribunal — Failure of party to appoint arbitrator — Nomination of appointing authority by Secretary-General of Permanent Court of Arbitration — Procedure — Jurisdiction of Tribunal — Jurisdiction confined to matters covered by agreement to arbitrate — Whether including claim for violation of human rights — Award — Binding nature — Whether Tribunal can reconsider first award at behest of party — Costs — Award of costs to successful party

Expropriation — Indirect expropriation — Nature of expropriation — Series of acts constituting expropriation of investment — Arrest and deportation of investor — Compensation for expropriation of investment in going concern

Damages — Compensation for expropriation — Expropriation of investment in going concern — Standard of compensation — Whether to include loss of future profits — Discounted cash flow method of calculating future profits — Lack of evidence on which to base assessment of future profits — Restitution of original investment — Currency in which compensation to be payable — Whether requirement that currency be convertible — Date at which rate of conversion to be determined — Interest

Human rights — Right to life — Inhuman and degrading treatment — Disappearances — Individual abducted by State agents for alleged political involvement, held incommunicado and tortured — Victim never reappearing — Authorities denying knowledge of whereabouts of victim — Legal attempts to secure release of victim unsuccessful — Whether State sponsored or tolerated practice of forced disappearances — Whether State responsible for violation of individual’s rights to life, integrity of the person and personal liberty — American Convention on Human Rights, 1969, Articles 4, 5 and 7

State responsibility — Human rights violations — Disappearance of individuals — Whether carried out or tolerated by State authorities — Failure of State to act to stop practice or investigate disappearances — Whether State liable for violations of rights to life, integrity of the person and personal liberty — Whether State liable for breach of duty to ensure free and full exercise of individual’s human rights — American Convention on Human Rights, 1969, Articles 1(1), 4, 5 and 7

International tribunals — Procedure — Inter-American Court of Human Rights — Contentious matters — Case referred by Inter-American Commission on Human Rights — Competence of Court to decide issues relating to interpretation and application of Convention and procedural rules not restricted by previous decisions of Commission in same case — Exhaustion of domestic remedies — Exhaustion of preliminary procedures — Friendly settlement

Damages — For human rights violations — Scope, basis and amount of compensation — Pecuniary and non-pecuniary damages — Emotional harm — Method of calculation — Relevance of national law relating to calculation of compensation for violation of international law — Entitlement to compensation — Victim and next to kin — Manner in which kinship established — American Convention on Human Rights, 1969, Article 63(1)

Human rights — Freedom of movement — Arrest and detention at airport — Expulsion — Alleged extradition — Whether national security sufficient basis for expulsion to third State when individual leaving of own accord to return to country of residence — Failure of State Party to provide evidence showing expulsion “in accordance with law” — Right to submit reasons against expulsion and to have case reviewed by competent authority — International Covenant on Civil and Political Rights, 1966

Human rights — Liberty and security of the person — German national resident in France tricked into re-entering Germany by police informant — Whether arrest, conviction and detention in accordance with procedure “prescribed by law” — Whether exercise of jurisdiction by German courts in circumstances of arrest constituting unfair trial — European Convention on Human Rights, 1950, Articles 5(1) and 6(1)

Jurisdiction — Human rights instrument — European Convention on Human Rights, 1950 — Application of Convention to individuals under authority and responsibility of States Parties — Application of Convention to nationals of States Parties

Relationship of international law and municipal law — In general — International restrictions upon the exercise of power by one State in the territory of another — German national returned to Germany against his will by police informant — Alleged violation of European Convention on Human Rights, 1950 — Whether evidence of State involvement — Whether exercise of jurisdiction over individual by German courts violating Convention

State responsibility — For acts of agents — German national returned to Germany against his will — Alleged collusion between State authorities and private individual — State responsible for acts of private individual acting de facto on its behalf — Relevance of consent of State of residence — Whether collusion between State authorities and private individual

Treaties — Application — European Convention on Human Rights, 1950 — German national resident in France tricked into re-entering Germany by police informant — Absence of claim by France for reparation irrelevant to individual’s rights under Convention — Alleged State involvement — Whether sufficient evidence of violation of Convention by State

Jurisdiction — Executive — Consequences of illegal arrest — United States agents kidnapping Mexican national in Mexico and transporting to United States to stand trial — Whether Fifth Amendment to United States Constitution applicable

Relationship of international law and municipal law — In general — International restrictions upon the exercise of power by one State in the territory of another — United States agents kidnapping Mexican national in Mexico — Alleged violation of Mexico-United States Extradition Treaty, 1978 — Whether circumstances of arrest precluding trial in United States

Treaties — Application — Mexico-United States Extradition Treaty, 1978 — Unilateral abduction of Mexican national by United States agents — Diplomatic protest by Government of Mexico — Whether breach of Extradition Treaty — Whether treaty violation creating private right of action — Whether diplomatic protest creating derivative right of action in individual Treaties — Interpretation — Object and purpose of extradition treaties — Whether prohibiting government authorized kidnapping of individual from one party for purpose of trial in courts of the other — The law of the United States

Jurisdiction — Executive — Consequences of illegal arrest — Defendant detained in foreign country and returned to England — No attempt at extradition — Whether deportation from foreign country a disguised form of extradition — Whether circumstances of defendant’s return to England deprives English courts of jurisdiction — Whether courts possess discretion not to hear charges against defendant

Extradition — Conditions — Return of fugitive offender other than by extradition — Disguised extradition — The law of England

Jurisdiction — Executive — Individuals abducting South African national in Swaziland and transporting him to South Africa to stand trial — Whether individuals agents of South African Government — Whether South African court having jurisdiction to try person brought into its jurisdiction against his will — “Clean hands” doctrine

Relationship of international law and municipal law — In general — Restrictions on the exercise of power by one State in the territory of another — South African agents abducting South African national from Swaziland and transporting to South Africa to stand trial — Whether international law applicable — Whether applicable domestic law prohibiting such actions

State responsibility — For acts of agents — Individual abducted from residence in Swaziland and transported to South Africa to stand trial — Circumstances surrounding abduction — Whether sufficient to show involvement of South African Government in the abduction — The law of South Africa

State immunity — Jurisdictional immunity — Plaintiff kidnapped from Canada — Criminal charges brought in Florida — Plaintiff alleging tortious conduct on the part of officials of State of Florida — Whether officials can claim State immunity — Canadian State Immunity Act — Whether functionaries of foreign State — Whether acting within scope of duties — Whether alleged acts of illegality and malice disallowing claim to State immunity — Application for stay of proceedings on ground of forum non conveniens — Whether Florida thereby waiving immunity — Claim for personal injury — Whether Section 6 of State Immunity Act applicable

Jurisdiction — Executive — Abduction of wanted person from territory of foreign State — Whether abduction involving officials of State in which person wanted for trial — The law of Canada

State immunity — Jurisdictional immunity — Employment — Canada employing chauffeur with Canadian embassy in Dublin — Claim for unfair dismissal before Employment Appeals Tribunal — Unfair Dismissals Act 1977 — Whether Tribunal having jurisdiction to hear claim against foreign sovereign State — Canada claiming State immunity — Whether doctrine of absolute State immunity applicable — Whether doctrine of restrictive State immunity applicable — Distinction between jure gestionis and jure imperii — Whether driving for embassy commercial or governmental act

Relationship of international law and municipal law — State immunity — Generally recognized principle of international law — Whether part of municipal law — Constitution of Ireland, Article 29(3) — The law of Ireland

Aliens — Admission — Discretionary power of Attorney-General to admit aliens on parole basis pending determination of final immigration status — Scope of power — South Vietnamese children admitted into the United States on parole basis for adoption by United States families — Allegation that some children ineligible for adoption being illegally detained in the United States in violation of their constitutional rights — Application to obtain records containing details of children’s background — Whether justiciable action — The law of the United States

Aliens — Admission — Discretionary power of Attorney-General to admit aliens pending determination of immigration status — Scope of power — South Vietnamese children admitted into the United States for adoption by United States families — Application by grandmother of children to enjoin adoption proceedings on ground that children had not been released for adoption — Whether parole provisions requiring Attorney-General to release children into custody of grandmother

Relationship of international law and municipal law — Customary international law — Enforcement by municipal courts — United States Alien Tort Claims Act — Violation of the law of nations — Whether depriving grandmother of custody of grandchildren constituting a violation of the law of nations

Relationship of international law and municipal law — Treaties — Whether creating private rights of action — Criteria for determining whether treaty self-executing — United Nations Declaration on Human Rights, 1948 — Geneva Convention Relative to the Protection of Civilian Persons in Time of War, 1949 — Geneva Convention Relating to the Status of Refugees, 1951

Human rights — Respect for family life — Whether grandmother entitled to custody of orphaned grandchildren — United Nations Declaration on Human Rights, 1948, Article 16

Treaties — Application by municipal courts — Whether treaties creating private rights of action — The law of the United States

Aliens — Refugees — Admission — Displaced persons — Criteria governing granting of entry visas to displaced persons — Persons assisting “the enemy” in persecuting civilian populations” ineligible for grant of entry visa — Failure of displaced person to disclose prior involuntary service as concentration camp guard — Whether invalidating entry visa and thereby rendering him subject to denaturalization — Displaced Persons Act 1948 — Immigration and Nationality Act 1952 — The law of the United States

Aliens — Refugees — Refugee status — Criteria for determination of — Geneva Convention Relating to the Status of Refugees, 1951 and Protocol, 1967 — Test of well-founded fear of persecution in country of nationality — Political persecution — Whether necessary for refugee to hold political opinion — Whether well-founded fear resulting from an imputed political opinion sufficient — United States Immigration and Nationality Act 1952 — Refugee Act 1980 — The law of the United States

Aliens — Refugees — Refugee status — Geneva Convention Relating to the Status of Refugees, 1951 and Protocol, 1967 — Illegal immigrant — Deportation proceedings — Request for asylum — Refusal to perform military service on account of religious beliefs — Whether punishment for refusing to perform military service constituting religious persecution — United Nations High Commissioner for Refugees — Handbook on Procedures and Criteria for Determining Refugee Status — Whether persecutor required to have specific intention of engaging in religious persecution — Political persecution — Whether requirement to hold political opinion — Whether political neutrality constituting imputed political opinion — “Clear probability” of persecution — “Well-founded fear” of persecution — Immigration and Nationality Act 1952 — Refugee Act 1980 — The law of the United States

Aliens — Refugees — Refugee status — Geneva Convention Relating to the Status of Refugees, 1951 and Protocol, 1967 — Illegal immigrant — Deportation proceedings — Request for asylum — Refusal to perform military service on account of religious and political beliefs — Whether punishment constituting religious and political persecution — Decision turning on whether military authorities aware of applicant’s beliefs — Persecution on account of an imputed political opinion — Whether forced conscription into government armed forces constituting persecution on account of imputed political opinion — United States Immigration and Nationality Act 1952 — Refugee Act 1980 — The law of the United States

Aliens — Refugees — Refugee status — Geneva Convention Relating to the Status of Refugees, 1951 and Protocol, 1967 — Illegal immigrant — Deportation proceedings — Request for asylum — Applicant fearing persecution following murder of family members — Requirement that murders be politically motivated — Whether politically motivated murder of relative ground for fear of persecution — Requirements of “clear probability” of persecution and “well-founded fear of persecution” — Immigration and Nationality Act 1952 — Refugee Act 1980

Relationship of international law and municipal law — Customary international law — Application as part of United States law — Whether applicable when conflicting with Congressional legislation or lawful act of the Executive

Sources of international law — Customary international law — Criteria for determining existence of rule of international law — Need for general acceptance of rule by States — Treaties — Geneva Convention Relative to the Protection of Civilians in Time of War, 1949 — State practice — Statements made by international organizations — Whether providing evidence that State not party to conflict required to give temporary asylum to refugees fleeing internal conflict

War and armed conflict — Internal conflicts — Refugees fleeing internal conflict — Whether entitled to grant of temporary asylum in other States — The law of the United States

Aliens — Refugees — Refugee status — Geneva Convention Relating to the Status of Refugees, 1951 and Protocol, 1967 — Claim for asylum and prohibition of deportation based upon membership of a “particular social group” — Whether youth and gender sufficient to constitute cognizable “social group” — “Clear probability” of persecution and “well-founded fear” of persecution — Immigration and Nationality Act 1952 — Refugee Act 1980 — The law of the United States

Aliens — Refugees — Asylum — Duty of non-refoulement — Geneva Convention Relating to the Status of Refugees, 1951, Article 33, and Protocol, 1967 — Whether benefit of non-refoulement provisions extending to refugees situated outside the territory of a contracting State — Haitian refugees intercepted on the high seas by United States authorities — Whether forcible repatriation of refugees to Haiti violating duty of non-refoulement — Immigration and Nationality Act 1952 — Refugee Act 1980

Jurisdiction — Territorial — Extraterritorial effect of legislation — United States Congress — Whether Congress possessing the ability to enforce its laws outside the United States — Presumption against extraterritorial effect — Whether presumption to be strictly applied — Whether evidence of clear Congressional intention needed to rebut presumption — Whether presumption to be applied in matters relating to foreign relations — Legislation concerning the non-refoulement of aliens — Whether applicable to aliens on the high seas

Relationship of international law and municipal law — Treaties — Application by municipal courts — As aid to interpretation of municipal statutes — Geneva Convention Relating to the Status of Refugees, 1951, Article 33, and Protocol 1967, prohibiting refoulement of refugees — Whether aid to interpretation of United States Immigration and Nationality Act 1952 and Refugee Act 1980

Relationship of international law and municipal law — Conduct of foreign relations — Power of United States President to conduct foreign relations — President establishing naval blockade on the high seas prohibiting the entry of all Haitian aliens into the United States — Whether blockade contravening United States refugee legislation and violating the Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967

Treaties — Interpretation — Rules of interpretation — Ordinary meaning of words — Context — Travaux préparatoires — Vienna Convention on the Law of Treaties, 1969, Article 32 — Foreign language text — Interpretation — Use of dictionaries — Whether permissible

Sea — High seas — Jurisdiction — Power of United States authorities to intercept Haitian vessels on the high seas — 1981 Agreement between Haiti and the United States Regarding the Interdiction of Vessels Suspected of Carrying Illegal Immigrants — The law of the United States