Aliens — Refugees — Asylum — First country of asylum — Determination of — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Requirement to apply for refugee status in first country of asylum — Ethiopian of Eritrean origin applying for refugee status in the Netherlands after residing in Italy — Whether entitled to refugee status in the Netherlands — Whether Italy first country of asylum

Aliens — Refugees — Refugee status — Criteria for grant — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Test of well-founded fear of persecution in country of nationality — Ethiopian of Eritrean origin — Whether required to demonstrate active political involvement in Eritrean secessionist movement — Significance of failure to claim refugee status on arrival in the Netherlands

Aliens — Refugees — Treatment — Right of equal access to courts of country of habitual residence — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967, Article 16(2)

Relationship of international law and municipal law — Treaties — Whether creating directly applicable rights and obligations for individuals — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967

Treaties — Effect in municipal law — Priority of treaty provisions over conflicting provisions of municipal law — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Whether Convention having primacy over conflicting provisions of municipal law — The law of the Netherlands

Aliens — Refugees — Refugee status — Criteria for grant — Test of well-founded fear of persecution in country of nationality — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Applicant’s fear of persecution restricted to specific geographic area of State of nationality — Relocation to another part of State having detrimental economic and social impact on applicant — Whether entitled to refugee status — The law of the Netherlands

Aliens — Refugees — Refugee status — Criteria for grant — Geneva Convention Relating to the Status of Refugees, 1951 and Protocol, 1967 — Test of well-founded fear of persecution in country of nationality — Yugoslav national deserting from State Intelligence Service — Whether entitled to refugee status — Whether desertion a political act

Human rights — Inhuman and degrading treatment — Proposed expulsion of alien to State of nationality — Alien facing possibility of assassination in State of nationality on account of his desertion from State Intelligence Service — Whether expulsion contravening European Convention on Human Rights, 1950, Article 3

Aliens — Expulsion — Undesirable alien — Alien convicted of murder in State of residence — Proposed expulsion to State of nationality — Alien facing possibility of assassination in State of nationality on account of his desertion from State Intelligence Service — Whether expulsion in violation of European Convention on Human Rights, 1950, Article 3 — Whether alien’s rights under Convention taking precedence over State’s right to expel undesirable aliens — The law of the Netherlands

Aliens — Refugees — Refugee status — Criteria for grant — Test of well-founded fear of persecution in country of nationality — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Applicant fleeing South Africa after refusing to participate in military service on grounds of conscientious objection to system of apartheid — Whether entitled to refugee status — Whether being subject to system of apartheid sufficient to establish well-founded fear of persecution — Whether applicant required to show active political opposition to system of apartheid — Significance of United Nations General Assembly resolution concerning the granting of refugee status to persons fleeing their State of nationality on account of their conscientious objection to apartheid

International organizations — United Nations — General Assembly — Legal significance of resolutions of the General Assembly in courts of Member States — Resolution concerning the granting of refugee status to persons fleeing their State of nationality on account of conscientious objection to apartheid — The law of the Netherlands

Aliens — Refugees — Asylum — First country of asylum — Determination of — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Requirement to apply for refugee status in first country of asylum — Turkish national arriving in the Netherlands after residing in Italy — Whether applicant entitled to apply for refugee status in the Netherlands — Significance of views of United Nations High Commissioner for Refugees — Whether return of applicant to Italy violating duty of non-refoulement — The law of the Netherlands

Aliens — Refugees — Asylum — First country of asylum — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Foreign national applying for refugee status in the Netherlands after residing in India as registered refugee — Whether entitled to refugee status in the Netherlands — Whether India first country of asylum — Criteria for establishing first country of asylum — Requirement that country not violating duty of non-refoulement — India not party to Convention — Whether Netherlands required to obtain guarantees from India concerning non-refoulement

Relationship of international law and municipal law — Conduct of foreign relations — Relations with foreign governments — Request by Executive for oral undertaking by foreign government not to return refugee to State of nationality — Whether Executive required to obtain written undertaking — Whether justiciable question — The law of the Netherlands

Aliens — Refugees — Refugee status — Grant of refugee status by party to Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Whether decision binding on other parties to Convention — Hungarian national awarded refugee status by Sweden — Subsequent application for refugee status in the Netherlands — Whether Swedish decision to award refugee status binding on the Netherlands — Criteria for granting refugee status — Test of well-founded fear of persecution in country of nationality — Applicability to refugees from Eastern bloc countries — Whether dissatisfaction with political and economic system in Hungary sufficient to establish well-founded fear — Whether any requirement that applicant demonstrate active political opposition to Government — Duty of non-refoulement — Whether benefit of Convention’s non-refoulement provisions extending to persons not falling within Convention definition of refugee — The law of the Netherlands

Aliens — Refugees — Refugee status — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Article 1(D) — Non-application of Convention to persons receiving protection from agencies of the United Nations — Palestinian refugee voluntarily leaving refugee camp organized by UNRWA — Whether entitled to protection under the Convention — Significance of views of the United Nations High Commissioner for Refugees

Relationship of international law and municipal law — Treaties — Interpretation by municipal courts — United Nations High Commissioner for Refugees — Extent to which Dutch courts should take note of High Commissioner’s interpretation of the Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Relevance of United Nations High Commissioner for Refugees Handbook on Procedures and Criteria for Determining Refugee Status

Treaties — Interpretation — Principles of interpretation — Plain meaning of text — Object and purpose of treaty — Travaux préparatoires — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — The law of the Netherlands

Aliens — Refugees — Refugee status — Criteria for grant — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol 1967 — Test of well-founded fear of persecution in country of nationality — Emergency legislation enacted by Sri Lankan Government to curb Tamil secessionist movement — Whether legislation providing grounds for well-founded fear of persecution among young male Tamils — Whether requirement for applicant to demonstrate active political opposition against Sri Lankan Government — Whether promoting interests of Tamil population constituting act of political opposition — The law of the Netherlands

Aliens — Refugees — Asylum — Duty of non-refoulement — Geneva Convention Relating to the Status of Refugees, 1951, Articles 33(1) and 33(2) and Protocol, 1967 — Whether benefit of non-refoulement provisions extending to persons falling outside Convention definition of refugee — Whether refoulement provisions extending to persons convicted of a serious crime and constituting danger to country of residence — Whether seriousness of crime to be determined by objective or subjective test

Treaties — Effect in municipal law — Priority of treaty provisions over conflicting provision of municipal law — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Whether Convention having primacy over conflicting provisions of municipal law — Constitution of the Netherlands, Article 94 — The law of the Netherlands

Aliens — Refugees — Refugee status — Criteria for determination — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Test of well-founded fear of persecution in country of nationality — Refusal to perform military service in State of nationality — Whether providing grounds for well-founded fear of persecution — Iranian national refusing to perform military service during Iran-Iraq war — Whether entitled to refugee status — Relevance of principles contained in UNHCR Handbook on Procedures and Criteria for Determining Refugee Status — Handbook requiring that refusal to perform military service be related to military action condemned by the international community — Whether Iran-Iraq war constituting military action condemned by the international community — Whether any requirement that State of nationality should regard refusal to perform military service as politically motivated offence — The law of the Netherlands

International organizations — Regional organizations — Benelux Economic Union — Legal nature — Whether supranational body — Treaty instituting the Benelux Union, 1958, Article 15 — Policy regarding admission of aliens to Benelux countries — Implementation of policy by Member States — Whether acting on behalf of Benelux Economic Union — Convention on the Transfer of Control of Persons to the External Frontiers of Benelux Territory, 1960, Article 4

International organizations — Benelux Economic Union — Institutions — Benelux Court of Justice — Procedures for referral of matters concerning the Benelux Economic Union by national courts of Member States — Treaty concerning the Establishment and Statute of the Benelux Court of Justice, 1965, Article 6

Aliens — Admission — Right of entry — Application by father for entry visa enabling him to visit son lawfully settled in State — Well-founded suspicion that father would become illegal resident — Whether State entitled to refuse father’s application — Convention on the Transfer of Control of Persons to the External Frontiers of Benelux Territory, 1960, Article 4

Treaties — Interpretation — By municipal courts — Object and purpose of Treaty — Reference to explanatory commentary accompanying Treaty — Significance of statements made by Governments of contracting parties contemporaneous to ratification of Treaty — The law of the Benelux Economic Union and the law of the Netherlands

Relationship of international law and municipal law — Conduct of foreign relations — Relationship between powers of United States courts, Congress and Executive — Power to declare war — Constitution giving Congress the power to declare war — Deployment of United States cruise missiles in the United Kingdom — Whether President entitled to order deployment of missiles without prior Congressional declaration of war — Whether deployment of missiles constituting violation of customary international law and right to life and liberty under Fifth and Ninth Amendments to United States Constitution — Whether deployment raising justiciable question — Political question doctrine

War and armed conflict — Weapons — Nuclear weapons — Legality of nuclear weapons — Deployment of United States cruise missiles in Europe — The law of the United States

War and armed conflict — Enforcement of the laws of war — Internal armed conflict — Nicaragua — Conflict between Contra rebels and Government — Torture and summary execution of wounded civilian by Nicaraguan Contras — Whether contrary to international law — Whether international law creating private right of action for breach of customary international law by non-State actor — Geneva Conventions on the Law of Armed Conflict, 1949 — Whether creating a private right of action in municipal courts

Jurisdiction — For breaches of international law — Civil action for violation of international law — Whether within jurisdiction of United States courts — Torture and summary execution of United States civilian by Contras during Nicaraguan civil war — Whether jurisdiction of court extending to acts performed outside of the United States by non-State actor during foreign civil war — Contra leaders residing in the United States authorizing torture and execution of United States civilian working in Nicaragua during civil war — Whether actions of Contra leaders within jurisdiction of United States courts

Relationship of international law and municipal law — Conduct of foreign relations — Political question doctrine — Nicaraguan civil war — Action in tort — Allegation that Nicaraguan Contras torturing and killing United States civilian as part of plan to destabilize the Nicaraguan Government — Whether action requiring court to examine United States relationship with Contras

States — Subjects of international law — Distinction between State and non-State actors — Nicaraguan Contras — Status in international law — Whether international law applicable to Nicaraguan Contras — Whether international law prohibition of torture and summary execution applicable to torture and summary execution of United States civilian by Contras during Nicaraguan civil war

Relationship of international law and municipal law — Treaties — Whether creating private right of action — Criteria for determining whether treaty self-executing — Customary international law — Whether part of United States law — Whether international law creating private right of action for violations — Political question doctrine — The law of the United States

State responsibility — Acts and omissions of State organs and officials — Executive action — Iran-Iraq war — United States naval vessels protecting shipping in Persian Gulf — Iranian civil airliner destroyed by United States naval vessel — Action for damages — Whether United States liable for conduct of its armed forces during military conflict — Federal Tort Claims Act

Relationship of international law and municipal law — Conduct of foreign relations — Relationship between powers of United States courts, Congress and Executive — Deployment of United States naval vessels in Persian Gulf during Iran-Iraq war — Iranian civil airliner destroyed by United States naval vessel — Whether United States liable for conduct of its armed forces during military conflict — Whether raising justiciable question — Political question doctrine

War and armed conflict — War — Definition — Whether formal declaration of war necessary for armed conflict to constitute a war — The law of the United States

International organizations — Immunity — Jurisdictional immunity — Nature and scope — Waiver of immunity — Employment dispute — World Bank — Waiver of immunity contained in World Bank’s Articles of Agreement — Whether constituting a waiver of immunity with regard to employment disputes — Principle that international organization only waiving immunity if waiver helping organization to fulfil its purpose — Whether waiver of immunity with regard to employment disputes helping World Bank to fulfil its purpose — United States International Organizations Immunities Act 1945 — The law of the United States

Diplomatic relations — Diplomatic personnel — Immunities and privileges — Entitlement to immunity — Requirement that official belong to mission of sending State — Whether mission constituting physical premises or group of persons representing sending State — Assistant Commercial Counsellor working in Bulgarian Embassy — Whether immune from criminal jurisdiction of receiving State — Decision turning on whether Counsellor belongs to Bulgarian mission — Whether receiving State having right to refuse diplomatic status to certain categories of official — Vienna Convention on Diplomatic Relations, 1961, Article 11

Treaties — Interpretation — Recourse to travaux préparatoires — Vienna Convention on Diplomatic Relations, 1961 — The law of the United States

Diplomatic relations — Immunity — Special envoy — Sending State designating diplomatic official as special envoy — Whether entitled to claim diplomatic status in receving State — Whether receiving State having discretion to classify special envoy as Head of Mission — Waiver — Participation in legal proceedings — Initiation of legal action prior to award of diplomatic status — Whether constituting waiver of immunity — Assertion of legal claim after award of diplomatic status — Whether constituting waiver of immunity — Vienna Convention on Diplomatic Relations, 1961, Article 14

Relationship of international law and municipal law — Conduct of foreign relations — Certification by Executive that foreign national entitled to claim diplomatic status — Whether binding on the courts — The law of the United States

Diplomatic relations — Immunity — Diplomats — Scope of immunity — Whether exemption from prosecution or a procedural bar — Circumstances in which diplomatic personnel may be subject to criminal prosecution after termination of diplomatic duties — Vienna Convention on Diplomatic Relations, 1961, Article 39(2)

Relationship of international law and municipal law — Treaties — Interpretation by municipal courts — Extent to which United States court bound by Executive’s interpretation of treaties — The law of the United States