Human rights — Right to life — Prohibition of torture and inhuman or degrading treatment — European Convention on Human Rights, 1950, Articles 2 and 3 — Treatment contrary to Article 3 must reach a minimum level of severity in all circumstances — Confinement of aliens permissible only to prevent unlawful migration while still complying with international law — Conditions of detention to be compatible with human dignity — Whether Article 3 obliging States to provide accommodation to all persons within their jurisdiction or to provide all refugees with financial assistance to maintain certain standard of living — Whether States under positive obligation to provide decent material conditions and accommodation to impoverished and vulnerable asylum seekers — Principle of non-refoulement — Prohibition of direct and indirect refoulement — Article 13 — Right to an effective remedy — Remedy to be effective in law and practice — Effective remedy to Article 3 claim must involve close and rigorous scrutiny and include potential for execution of impugned measure — Article 41 — Just satisfaction — Non-pecuniary damages — Costs — Article 46 — Binding force and execution of judgments — Rules of Court — Rule 39 — Interim measures — KRS v. United Kingdom

Human rights — European Convention on Human Rights, 1950 — Admissibility of applicants’ claims — Article 1 — Jurisdiction — Article 3 — Prohibition of torture and inhuman or degrading treatment or punishment — Implied duty of non-refoulement — Protocol No 4 to Convention, 1963 — Article 4 of Protocol No 4 — Prohibition of collective expulsion of aliens — Duty to consider cases individually — Article 13 — Right to an effective remedy before a national authority — Effective remedy in relation to Article 3 of Convention and Article 4 of Protocol No 4 requiring potential for suspension of impugned measure — Territorial application of Convention and Protocol No 4 — Application to State conduct on high seas — Whether respondent State violating Articles 3 and 13 of Convention and Article 4 of Protocol No 4

Relationship of international law and municipal law — Treaties — Interpretation — European Convention on Human Rights, 1950 — Protocol No 4 to Convention, 1963 — Convention relating to the Status of Refugees, 1951 — Principle of non-refoulement — Vienna Convention on the Law of Treaties, 1969 — United Nations Convention on the Law of the Sea, 1982 — Italian Navigational Code 1942

Human rights — Admissibility of author’s communication to Human Rights Committee — Consideration of merits — States Parties to ensure Covenant rights are extended to all persons within their territories without distinction — State to take measures to bring domestic legislation into line with Covenant — Right to freedom of expression and freedom to seek information — Reconciling differences between different language versions of the authentic texts — Right to equality before the law and entitlement to a fair and public hearing by a competent, independent and impartial tribunal — Right to vote by secret ballot — International Covenant on Civil and Political Rights, 1966, Articles 2, 14, 19 and 25

Treaties — Interpretation — International Covenant on Civil and Political Rights, 1966 — Optional Protocol to Covenant — Spanish version of Article 5(2)(a) of Optional Protocol — Vienna Convention on the Law of Treaties, 1969, Article 33(4) — Meaning best reconciling authentic texts having regard to object and purpose of treaty — Whether examination of author’s claim by Inter-American Commission on Human Rights precluding consideration of communication — Admissibility of author’s claim — United Nations Human Rights Committee

Human rights — Admissibility of author’s communication to Human Rights Committee — Consideration of merits — Right to effective remedy — Right to liberty of movement — Freedom of religion — Freedom from discrimination — International Covenant on Civil and Political Rights, 1966, Articles 2, 12, 18 and 26 — Remedy for violation — United Nations Human Rights Committee

Human rights — International Covenant on Civil and Political Rights, 1966 — Scope — Duty to extend rights to all persons within territory or jurisdiction — Admissibility of author’s communication to Human Rights Committee — Consideration of merits — Prohibition of torture and cruel, inhuman or degrading treatment or punishment — Right to liberty and security of person — Arrested persons to be informed of reasons for arrest — Persons deprived of their liberty entitled to challenge lawfulness of detention before a court — All persons deprived of their liberty to be treated with humanity and respect for inherent dignity of the human person — Prohibition on arbitrary or unlawful interference with privacy, family and home — Recognition and protection of the family as the natural and fundamental group unit of society — Right of every child to such measures of protection as are required by his status as a minor — International Covenant on Civil and Political Rights, 1966, Articles 7, 9, 10, 17, 23 and 24 — Remedy for violation — United Nations Human Rights Committee

Human rights — Admissibility of author’s communication to Human Rights Committee — Consideration of merits — Right to life — Prohibition on torture and cruel, inhuman or degrading treatment or punishment — Right to liberty and security of person — All persons deprived of liberty to be treated with humanity and with respect for the inherent dignity of the human person — Right to recognition as a person before the law — Right to an effective remedy — Utility of finding violations of Article 2(2) alone or read in conjunction with other substantive Articles — International Covenant on Civil and Political Rights, 1966, Articles 2, 6, 7, 9, 10 and 16 — Remedy for violation — United Nations Human Rights Committee

Governments — Separation of powers — Roles and responsibilities of executive, legislative and judicial branches of government — Rule of law — Policy — “The chameleon doctrine”

Jurisdiction — Original jurisdiction of High Court — Issuing courts — Chapter III courts — Validity of federal legislative provisions — Australian Constitution — Defence power — Whether defence power purposive — Whether “defence” limited to defence against external threats or threats from foreign nations — Whether “defence” limited to defence of community and several states as bodies politic — External affairs power — Relevance of combating terrorism to comity between nations — Referral power — Implied power to protect nation — Presumption against alteration of common law rights — Constitutional facts — Consideration of policy in judicial determinations — Exercise of judicial power — Judicial controversy — Determination of rights or obligations — Requirement of discernible standards and norms — Non-justiciability — Burden of proof — Balancing exercises — Ex parte proceedings

Relationship of international law and municipal law — Criminal Code (Cth) — Part 5.3 — Division 104 — Section 104 — Section 105 — Section 51(xxix) of Australian Constitution — Interpretation of Australian law — International law ratified by and binding on Australia — International Covenant on Civil and Political Rights, 1966 — United Nations Security Council Resolution 1373 (2001) — Extent to which Security Council Resolutions binding on Australia — Whether Division 104 of Criminal Code validly enacted under external affairs power — Promotion of comity with foreign governments — Preservation of integrity of foreign States

Terrorism — Criminal Code (Cth) — Interpretation and application — Part 5.3 — Division 104 — Section 104 — Section 105 — Definition of “terrorist act” — Interim control orders — Obligations, prohibitions and restrictions upon an individual to protect public from a terrorist act — Public interest — Whether obligations, prohibitions and restrictions “reasonably necessary” and “reasonably appropriate and adapted” to protect public — Section 51(vi) of Australian Constitution — Whether Division 104 of Criminal Code validly enacted under defence power

War and armed conflict — Armed conflict — Terrorism — Applicability of defence powers to threat posed by terrorism — The law of Australia

Relationship of international law and municipal law — Treaties — Applicability — Interpretation — Cape Town Convention on International Interests in Mobile Equipment, 2001 — Aircraft Protocol to Cape Town Convention — Article IX of Protocol — Effect of Article IX(5) of Protocol — Vienna Convention on the Law of Treaties, 1969 — India party to Cape Town Convention and Protocol — Declarations filed by India — Applicability of principles enshrined in Vienna Convention — Right of petitioners to seek remedies under Cape Town Convention and Protocol

Treaties — Interpretation — Principles of interpretation — Application — Effect of treaties in municipal law — The law of India

Jurisdiction — Enforcement of foreign judgments — Defences to enforcement — Allegations of fraud — Alleged partiality of foreign judiciary — Justiciability — Judicial restraint — Adjudication of allegations of fraud against a State or leader — Embarrassment to diplomatic relations — Distinction between sovereign acts and commercial acts — Refusal to enforce foreign judgment on public policy grounds — Significance of absence of judicial or manageable standards by which to judge a sovereign act — The law of England

Diplomatic relations — Immunity from jurisdiction — Criminal jurisdiction — Whether serving Israeli Defence Minister and Deputy Prime Minister entitled to immunity — Immunity for members of Special Missions — Customary international law — Convention on Special Missions, 1969, Article 31

State immunity — Immunity from prosecution — Immunity ratione personae — Whether serving Israeli Defence Minister and Deputy Prime Minister entitled to immunity — Reasoning of International Court of Justice in Arrest Warrant Case — Customary international law — The law of England

Jurisdiction — Justiciability — Actionability — Tortious activity — Immunity — Conflict of laws — Interpretation and application of foreign laws — Act of State

Human rights — Right to liberty and security of person — Internment — Internment on suspicion of threat to security — Right to judicial review of detention — “Essence” of the right to liberty and judicial review of detention — Unlawful detention — Damages

Relationship of international law and municipal law — Treaties — United Nations Charter, 1945 — European Convention on Human Rights, 1950 — United Nations Security Council Resolution 1546 (2004) — Coalition Provisional Authority (“CPA”) — CPA Regulation 3 — CPA Regulation 17 — Iraqi Transitional Administrative Law or Interim Constitution — Iraqi Constitution — United Kingdom Private International Law (Miscellaneous Provisions) Act 1995 — Whether detention of appellant unlawful under Iraqi law — Whether relevant Iraqi provisions inconsistent with international law

State responsibility — Occupation of Iraq — Multinational Force in Iraq — Vicarious liability — Defences — Act of State — Public policy — Relevance of nationality of person against whom act of State pleaded

War and armed conflict — Occupation — Iraq — End of occupation — Powers of belligerent occupant — Internment — Fourth Geneva Convention, 1949 — Security Council Resolution 1546 (2004) — The law of England