International criminal law — Jurisdiction — International tribunals — International Criminal Tribunal for the Former Yugoslavia — Primacy over national courts — Request to national authorities for deferral to primacy of the International Tribunal — Criteria for request — Bosnian Serb leadership — Command responsibility

War and armed conflict — War crimes and crimes against humanity — Conflict in the Former Yugoslavia — Responsibility of military and political leaders

International criminal law — Criminal responsibility of individuals — International Criminal Tribunal for the Former Yugoslavia — Review of indictment — Concept of a prima facie case — Power of Tribunal to adopt rules of procedure

War and armed conflict — Armed conflict — Definition — Characterization of conflict as internal or international — Conflict in Bosnia-Herzegovina — Evidence of involvement of the Yugoslav National Army — Whether rendering laws of international armed conflict applicable

War and armed conflict — War crimes — Crimes against humanity — Grave breaches of the Geneva Conventions, 1949 — Genocide — Relationship between different categories of offence — Offences against civilian detainees — Sexual offences — How characterized

International criminal law — Genocide — Intent — Whether genocidal intent can be inferred from surrounding circumstances — International trials — International Criminal Tribunal for the Former Yugoslavia — Rules of Procedure — Rule 61 — Hearing to confirm indictment — Standards to be applied by Trial Chamber — Issue of international arrest warrant

International criminal law — International trials — Procedure — International Criminal Tribunal for the Former Yugoslavia — Rules of Procedure — Rule 61 — Hearing to confirm indictment — Standards to be applied by Trial Chamber — Issue of international arrest warrant

War and armed conflict — War crimes — Bombardment of civilians — Whether violation of laws of armed conflict — Additional Protocol I, 1977, to the Geneva Conventions, 1949 — Articles 51 and 85 — Additional Protocol II, Article 13 — Reprisals against civilians — Methods and means of warfare — Customary international law — Corpus of customary international law applicable to international and non-international armed conflicts — Individual criminal responsibility — Responsibility of commander — Politician accused of ordering attack

International criminal law — Crimes against humanity — Definition — Requirement that crime be directed against the civilian population — Whether combatants can be victims of crimes against humanity — Whether persons who at a particular time offer resistance constitute combatants for these purposes — Requirement that act be part of a widespread or systematic attack upon the civilian population

International criminal law — International trials — International Criminal Tribunal for the Former Yugoslavia — Rules of Procedure — Rule 61 — Hearing to confirm indictment in absence of the accused — Standards to be applied by Trial Chamber

War and armed conflict — Armed conflict — Definition — Characterization of conflict as internal or international — Conflict in Croatia in November 1991 — Capture of Vukovar — War crimes — Grave breaches of the Geneva Conventions — Massacre of patients, staff and other prisoners captured at Vukovar hospital — Protected persons under the Geneva Conventions — Crimes against humanity

Human rights — Detention — Detention pending trial — Whether presumption in favour of liberty pending trial — Whether applicable to defendant facing trial by international tribunal — House arrest

International criminal law — Pre-trial procedures — Detention pending trial — International Criminal Tribunal for the Former Yugoslavia — Rules of Procedure, Rules 64 and 65 — Application for provisional release — Application for relaxation of detention conditions — Detention outside United Nations Detention Unit — Preconditions — Requirements to be observed by defendant — Concept of house arrest in domestic legal systems

International organizations — United Nations — Security Council — Legally binding resolution — Security Council Resolution 827 (1993) — Obligation upon States to cooperate with International Criminal Tribunal for the Former Yugoslavia — Nature and extent of obligation

Relationship of international law and municipal law — Conflict between international law and municipal law obligations — Principle that State cannot rely upon municipal law to relieve it of its international obligations — Duty of international judge — Obligations imposed by Security Council requiring States to take all necessary measures in municipal law — Obligation of conduct — Requirement to cooperate with International Criminal Tribunal for the Former Yugoslavia

International criminal law — Genocide — Intent — Evidence of intent — Whether intent to destroy group in whole or in part can be inferred from surrounding circumstances — Ethnic cleansing — Conflict in Bosnia-Herzegovina — Bosnian Serb leadership — Command responsibility — Crimes against humanity — Requirements — Relationship to war crimes

International criminal law — International trials — International Criminal Tribunal for the Former Yugoslavia — Rules of Procedure — Rule 61 — Hearing to confirm indictment — Standards to be applied by Trial Chamber — Failure of States to cooperate with International Tribunal — Issue of international arrest warrant

International organizations — United Nations — United Nations forces — Peacekeepers — Protection — Crimes against members of United Nations force — UNPROFOR in Bosnia-Herzegovina — Action of Bosnian Serbs in taking UNPROFOR personnel hostage and using them as “human shields” — Whether a war crime or grave breach of the Geneva Conventions

War and armed conflict — Armed conflict — Definition of armed conflict — Distinction between international and internal armed conflicts — Conflict in Bosnia-Herzegovina — Whether international — Involvement of other States — War crimes and crimes against humanity — Responsibility of military and political leaders

International criminal law — Criminal responsibility of individuals — Command responsibility — War crimes — Grave breaches of the Geneva Conventions, 1949 — Evidence — Admissibility — Best evidence rule — Hearsay and secondary evidence — International Criminal Tribunal for the Former Yugoslavia

International criminal law — International trials — International Criminal Tribunal for the Former Yugoslavia — Rules of Procedure — Rule 61 proceedings — Hearing to confirm indictment in absence of accused — Purpose — Confirmation of indictment and issue of international arrest warrant — Evidence

State responsibility — Imputability — Agency — Degree of control required before group is regarded as agent of State — State supporting military campaign by nationals of other State — Bosnia-Herzegovina — Relationship between Bosnian Croat community and Republic of Croatia — Whether Bosnian Croat forces controlled by Croatia — Whether relationship sufficient to render armed conflict between Bosnian Croats and Bosnian Government an international armed conflict — Whether test the same as for imputability in law of State responsibility

War and armed conflict — Armed conflict — Definition — Characterization of armed conflict as internal or international — Conflict in Bosnia-Herzegovina between Bosnian Government and Bosnian Croats — Involvement of Republic of Croatia — Whether Bosnian Croats to be treated as agents of the Republic of Croatia

War and armed conflict — War crimes — Grave breaches of the Geneva Conventions — Definition of protected persons — Fourth Geneva Convention, 1949 — Civilians — Civilian population of village under attack by forces controlling surrounding countryside — Whether population protected persons — Occupied territory — Whether village occupied territory as soon as it is captured

International criminal law — Crimes against humanity — Nature and definition — Gravity — Treatment by national and international tribunals — Sentence

International criminal law — Sentence — Relevant considerations — International Criminal Tribunal for the Former Yugoslavia — Recourse to practice of the courts of the Former Yugoslavia — Nullum poena sine lege — Mitigating circumstances — Superior orders — Duress — Plea of guilty — Cooperation with the Tribunal — Place of sentence — State in which sentence to be served acting as agent of Tribunal

International criminal law — Defences — Duress — Extreme necessity — Superior orders — Whether superior orders ever a complete defence

War and armed conflict — War crimes and crimes against humanity — Massacre of large number of prisoners — Criminal responsibility of individuals involved — Member of firing squad pleading guilty to crime against humanity — Appropriate sentence

Treaties — Conclusion and operation — European Community — Treaty-making powers — Whether European Community empowered to accede to European Convention on Human Rights, 1950 — Treaty establishing the European Community, 1957 (“EC Treaty”) — Whether containing any provision conferring a general power on Community institutions to conclude international human rights conventions — Whether Article 235 of EC Treaty could provide a legal basis for accession to the Convention — Whether accession requiring amendment of EC Treaties

Human rights — Scope of protection within the European Community — Whether respect for human rights constituting a condition for the lawfulness of Community acts — Significance of the European Convention on Human Rights within the Community legal order — Whether accession of the Community to the Convention would entail a substantial change in the Community system for the protection of human rights, requiring a treaty amendment

International tribunals — Court of Justice of the European Communities — Jurisdiction — EC Treaty, Article 228(6) — Competence of Court to give opinions on the compatibility of proposed international agreements with provisions of the EC Treaty — Scope of competence — Whether reference for opinion concerning an envisaged agreement admissible even before negotiations have formally begun — The law of the European Community

Human rights — Jurisdiction — Torture — Convention against Torture, 1984 — Duty of non-refoulement in Article 3 — Conditions — Political activities in Zaire — Author applying for refugee status in Switzerland — Relevance of existence of consistent pattern of gross, flagrant or mass violations of human rights in Zaire — Whether author personally at risk of torture — Whether torture “foreseeable and necessary consequence” of return to Zaire — Obligation of State Party under Convention — Whether expulsion of author to Zaire would constitute a violation of Article 3 of Convention by Switzerland

International tribunals — United Nations Committee against Torture — Jurisdiction — Procedure — Proof

Human rights — Jurisdiction — Torture — Convention against Torture, 1984 — Duty of non-refoulement in Article 3 — Conditions — Requirement that individual must be personally at risk of being subjected to torture — Relevance of consistent pattern of gross, flagrant or mass violations of human rights in State to which individual is to be returned — State to which individual to be returned not a party to the Convention — Relevance

International tribunals — United Nations Committee against Torture — Jurisdiction — Procedure — Proof — Allegation that return of individual by Convention State to non-Convention State would expose him to risk of torture — Convention against Torture, 1984, Article 3

Human rights — Jurisdiction — Torture and inhuman and degrading treatment — Expulsion to non-contracting State — Whether State responsible if it expels individual to State where at risk of being subjected to torture — Existence of risk to be assessed with reference to facts known or which ought to have been known to respondent government at date of expulsion — Court’s assessment of applicant’s credibility, situation in State to which expelled and risk to which applicant exposed — Minimum level of severity of ill-treatment — Need for substantial basis for applicant’s fears — European Convention on Human Rights, 1950, Article 3

Human rights — Respect for family life — Expulsion order — Separation of family occasioned by non-compliance with expulsion order by second and third applicants — Absence of obstacles to establishing family life in State of origin — European Convention on Human Rights, 1950, Article 8

International tribunals — Interim measures — European Commission of Human Rights — Power of Commission to make binding interim orders — Absence of specific provision granting power — Absence of implied power on the basis of prohibition on interference with the exercise of right of individual petition or on the basis of Rule 36 of Rules of Procedure of the Commission — State practice — Compliance with Rule 36 indications — Impossibility of such practice giving rise to new substantive power — Absence of general international law principle on power to make binding interim orders — Special circumstances in which Rule 36 indications given — Aggravation of violation if Rule 36 indication not complied with — European Convention on Human Rights, 1950, Article 25

Human rights — Jurisdiction — Torture and inhuman and degrading treatment — Return to non-contracting State — Whether State responsible if it expels individual to State where at risk of being subjected to torture — Existence of risk to be assessed with reference to facts known or which ought to have been known to respondent government at date of expulsion — Minimum level of severity of ill-treatment — Rigorous examination by Court of existence of risk of ill-treatment in view of absolute character of prohibition on torture and ill-treatment — Court’s assessment of conditions in Sri Lanka and of applicants’ background — European Convention on Human Rights, 1950, Article 3

Human rights — Duty to provide remedy in domestic law to enforce Convention rights and freedoms — Whether judicial review proceedings are an effective remedy — Power of English courts to review and quash Secretary of State’s decisions to refuse asylum — European Convention on Human Rights, 1950, Article 3

Aliens — Asylum — Refugees — Risk of being subjected to torture if expelled — Secretary of State’s finding that applicant posed a threat to national security — UN Convention on the Status of Refugees, 1951 — 1990 Statement on the Changes of Immigration Rules — Whether Secretary of State obliged to balance risk to individual if expelled with threat he posed to national security — Limits on Court’s powers to review Secretary of State’s decisions

Human rights — Torture and inhuman and degrading treatment — Deportation to State where applicant alleges risk of torture — Standards to be applied

Relationship of international law and municipal law — Treaties — Unincorporated treaties — European Convention on Human Rights, 1950 — International Covenant on Civil and Political Rights, 1966 — United Nations Convention against Torture, 1984 — No need to consider effect as relevant provisions similar to those of UN Convention on the Status of Refugees, 1951 incorporated by 1990 Statement on the Changes of Immigration Rules — The law of England

Human rights — Torture and inhuman and degrading treatment — Deportation to non-contracting State — Whether State responsible if it expels individual to State where risk of being subjected to torture — Existence of risk to be assessed at date case decided by Court as applicant had not yet been deported — Absolute nature of prohibition on torture and ill-treatment irrespective of individual’s conduct and activities however undesirable or dangerous — Court’s assessment of risks to prominent Sikh activist in India — European Convention on Human Rights, 1950, Article 3

Human rights — Right to liberty and security of the person — Deprivation of liberty with a view to deportation — Need for deportation proceedings to be prosecuted with due diligence — Length of deportation proceedings-Guarantees against arbitrariness of deportation proceedings — Right to take proceedings to decide lawfulness of detention — Substantive and procedural shortcomings of judicial review and advisory panel proceedings in cases involving alleged threats to national security — European Convention on Human Rights, 1950, Article 5

Human rights — Right to an effective remedy in domestic law to enforce Convention rights and freedoms — Need for scrutiny independent from claim of existence of grounds for belief of risk of ill-treatment — Need for such scrutiny to ignore claims of threat to national security posed by individual — Substantive and procedural shortcomings of judicial review and advisory panel proceedings — European Convention on Human Rights, 1950, Article 13

Human rights — State responsibility — Responsibility for securing the rights and freedoms under a convention to persons within the jurisdiction of the State — Concept of jurisdiction — Whether limited to the territory of the State — State exercising effective control over area outside its territory as a result of military action — Whether violations of human rights in that area imputable to the State — Whether relevant that State exercises control through local authorities — Cyprus — Turkish occupation of northern Cyprus — Whether northern Cyprus within jurisdiction of Turkey for purposes of European Convention on Human Rights, 1950, Article 1

Human rights — Right to property — Continuing violation — Denial of access to property — Purported expropriation by unrecognized entity — Whether deprivation of property — Whether interference with peaceful enjoyment of possessions — European Convention on Human Rights, First Protocol, Article 1 — Right to respect for home — Denial of access to land on which applicant intended to build home — Whether a violation of European Convention on Human Rights, 1950, Article 8

International organizations — United Nations — Security Council — Effect of resolutions — Resolutions not adopted under Chapter VII of United Nations Charter — Resolutions 541 (1983) and 550 (1984) on invalidity of establishment of Turkish Republic of Northern Cyprus — Effects — United Nations buffer zone in Cyprus

International tribunals — Jurisdiction — European Court of Human Rights — European Convention on Human Rights, 1950, Article 46 — Limitation ratione temporis

Recognition — States — Effects of non-recognition — Turkish Republic of Northern Cyprus (“TRNC”) — Whether a State — Whether effect to be given to acts of TRNC — Purported expropriation of property by TRNC — Whether affecting ownership

State responsibility — Imputability — Whether acts of separate entity imputable to State — Degree of overall control required — Turkish Republic of Northern Cyprus — Whether controlled by Turkey — Whether acts imputable to Turkey

States — Existence of State — Entity not recognized by international community, with exception of one State — Whether unrecognized entity a State

War and armed conflict — Legality of resort to force — Turkish intervention in Cyprus in 1974 — Whether lawful — Occupation — Concept of occupation — Intervening forces remaining after establishment of local administration

Recognition — States — Effects of non-recognition — Whether preventing entity from becoming a State — Whether decrees of unrecognized entity to be given effect in courts of State withholding recognition — Decree purporting to confiscate abandoned property

States — Existence of State — Whether entity meets criteria of Statehood — Whether de facto regime — Turkish Republic of Northern Cyprus — Effects of non-recognition — Whether displacing authority of Republic of Cyprus in north of Cyprus

War and armed conflict — Occupation — Cultural property — Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict, 1954 — Whether applicable to taking of property in northern Cyprus — UNESCO Convention on the Means of Prohibiting the Illicit Transport, Export and Transfer of Ownership of Cultural Property, 1972 — The law of the United States and of Indiana

States — Criteria for Statehood — Montevideo Convention, 1933 — Independence in external relations — Entity not recognized as a State by any other State but one — Whether possessing functional independence — Whether meeting criteria of Statehood — Turkish Republic of Northern Cyprus — Establishment in 1983 — Condemnation by United Nations Security Council

Recognition — States — Whether declaratory or constitutive — Effects of recognition and non-recognition — Collective non-recognition — Whether preventing entity from becoming a State — Effects of recognition in municipal law — United Kingdom tax legislation — Reference to “foreign State” — Whether meaning State recognized by the United Kingdom — Cyprus Act 1960

Nationality — Relevant law — Whether individuals Commonwealth citizens or not — Inhabitants of northern Cyprus — Whether nationals of the Republic of Cyprus — British Nationality Act 1981 — Nationality laws of the Republic of Cyprus — Nationality legislation of the Turkish Republic of Northern Cyprus — Which law to be given effect by courts in the United Kingdom

Relationship of international law and municipal law — Conduct of external relations — Whether courts should defer to the views of the Executive — Whether foreign entity to be treated as a State — Unequivocal denial of Statehood by Executive — Significance of dealings between Executive and foreign entity — Whether government-to-government dealings — Act of State and non-justiciability — Principle that courts will not question the validity of laws of a recognized foreign State — The law of England