President of the Council of Ministers v. Marković and Others

Abstract

Relationship of international law and municipal law — Act of State and justiciability — NATO bombardment of Serbian Television building in Belgrade — Use of bases in Italy by aircraft involved in bombardment — Whether action of Italian Government in allowing use of bases justiciable

War and armed conflict — Conduct of military operations in war — Aerial bombardment of civilian target — Whether choice of method of conducting hostilities justiciable

States — Conduct of foreign relations — Choice of method of conducting hostilities in war — Whether subject to judicial review

Treaties — Individual rights — International humanitarian law — Rules intended to secure protection of civilians from armed attack — Whether creating rights for individuals to claim compensation for breaches — First Additional Protocol to Geneva Conventions, 1977

Jurisdiction — Visiting forces — Civil claim for damages arising from acts of NATO forces — NATO Status of Forces Agreement, 1951 — Article VIII(5) — Whether right of action against receiving State dependent upon prior characterization of act in question as unlawful — The law of Italy