State immunity — Jurisdictional immunity — Customary law obligation to accord immunity — Acta jure imperii and acta jure gestionis — Civil action against State in respect of war crimes and crimes against humanity — Acts having status of acta jure imperii — Territorial tort exception to immunity — Whether applicable to acts of armed forces in conduct of armed conflict — Whether immunity set aside in case of grave illegalities — Jus cogens — Whether immunity available where State accused of violation of jus cogens — Relationship between rule of law violated and rule of law according immunity — Entitlement to immunity determined by law in force at the time action brought — Whether absence of alternative remedy relevant to immunity — United Nations Convention on the Jurisdictional Immunities of States and Their Property, 2004 — Relevance to customary international law

State immunity — Immunity from execution — Property of State in use for non-commercial purposes — Immunity from execution more extensive than immunity from jurisdiction — Proceedings for exequatur to render foreign judgment enforceable in the forum State — Duty of courts of the forum State to determine whether State immunity barred grant of exequatur

States — Sovereign equality of States — State immunity a reflection of principle of sovereign equality of States

Sources of international law — Customary international law — State practice — Customary international law on State immunity — Relevant practice — Judgments of national courts — National legislation — United Nations Convention on the Jurisdictional Immunities of States and Their Property, 2004 — Relevance to customary international law of Convention provisions — Relevance of State comments during negotiation of Convention — State practice in asserting or acknowledging immunity

War and armed conflict — War crimes — Crimes against humanity — Prisoners of war — Occupied territory — Civilian population — Italian armed forces taken prisoner by Germany in 1943 — Denial of status of prisoners of war — Murder and deportation

Human rights — Right of access to court — Civil claims for torture — Claims against State and State officials — Grant of State immunity — Whether amounting to disproportionate interference with right of access to court — Approach to proportionality — Al-Adsani — Whether grant of immunity reflecting generally recognized rules of public international law on State immunity — Whether jus cogens exception to State immunity in civil claims against the State — Content of customary international law — Judgment of International Court of Justice in February 2012 — Germany v. Italy — Status of doctrine of State immunity at time of 2006 domestic decision granting immunity to State — Granting of immunity ratione materiae to State officials — Whether State officials under same cloak of protection as State for acts undertaken for State — Whether grant of immunity reflecting generally recognized rules of public international law — Customary international law — Whether evidence of any special rule or exception concerning cases of alleged torture — Whether violation of Article 6(1) of European Convention on Human Rights, 1950

State immunity — Jurisdiction — Civil claims for torture — Claims against State and State officials — Grant of State immunity — Whether grant of immunity reflecting generally recognized rules of public international law — Whether amounting to disproportionate interference with right of access to court — Exceptions to immunity — Whether jus cogens exception to State immunity in civil claims against the State — Content of customary international law — Whether State immunity extending to State officials for official acts — Whether evidence of any special rule or exception concerning cases of alleged torture — Whether violation of Article 6(1) of European Convention on Human Rights, 1950

State immunity — Jurisdictional immunity — Acta jure imperii — Exceptions to immunity of State — Alleged acts of torture committed by officials of the People’s Republic of China against Falun Gong practitioners — Whether accession to United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984, constituting submission to jurisdiction under Foreign States Immunities Act 1985 (Cth)

Treaties — Interpretation — Effect of entry into force — Submission to jurisdiction of domestic courts of other State Party — Principles of treaty interpretation — Construction of Article 14 of United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 — The law of Australia

State immunity — Jurisdictional immunity — Acta jure imperii — Acts of armed forces in armed conflict — Whether attracting immunity — Whether crimes against humanity capable of constituting acta jure imperii — European Convention on State Immunity, 1972, Articles 11, 31 and 35

War and armed conflict — Crimes against humanity — Whether State entitled to immunity in action for crimes committed by its armed forces — The law of Belgium

State immunity — Jurisdictional immunity — Acta jure imperii — Absolute immunity — Sinking of Brazilian fishing vessel during Second World War — Immunity of Germany

War and armed conflict — Naval warfare — Sinking of Brazilian fishing vessel during Second World War — Vessel sunk by German submarine in Brazilian territorial waters — The law of Brazil

State immunity — Jurisdictional immunity — Restrictive doctrine of immunity — Immunity in respect of acta jure imperii — Whether available in respect of all acta jure imperii — War crimes and crimes against humanity — Whether State entitled to immunity in respect of international crimes — Fundamental human rights — Jus cogens

War and armed conflict — War crimes and crimes against humanity — Occupied territory — Civilians — Deportation — Forced labour — Peace treaties — Effects — Reparations — The law of Italy

Jurisdiction — Criminal jurisdiction — Extraterritorial jurisdiction — Multinational Force in Iraq — Member of United States contingent charged with murder and attempted murder of Italian nationals allegedly committed in Iraq — Whether Italian courts possessing jurisdiction — Passive personality principle — Whether State of “the flag” possesses exclusive jurisdiction — State immunity

State immunity — Jurisdictional immunity — Officials — Member of armed forces — Member of United States contingent in Multinational Force in Iraq — Shooting of three Italian nationals — Whether soldier immune from prosecution in Italy — Whether exception to immunity in the case of war crimes and crimes against humanity — Evolving exception — Whether applicable to the facts

International organizations — United Nations — Security Council — Iraq — Security Council resolution 1546 (2004) — Multinational Force in Iraq — Whether operating within United Nations framework

War and armed conflict — War crimes — Crimes against humanity — Whether exception to State immunity — Iraq — Multinational Force — Terms of presence in Iraq — The law of Italy

State immunity — Jurisdictional immunity — Restrictive doctrine of immunity — Immunity in respect of acta jure imperii — Whether available in respect of all acta jure imperii — War crimes and crimes against humanity — Whether State entitled to immunity in respect of international crimes — Fundamental human rights — Jus cogens

Relationship of international law and municipal law — Customary international law — Italian Constitution, Article 10 — International law and fundamental principles of international legal order

War and armed conflict — War crimes and crimes against humanity — Occupied territory — Reprisals — Civilians — Murder of civilians in reprisal for partisan attack — Peace treaties — Effects — Reparations — The law of Italy

State immunity — Jurisdictional immunity — Acta jure imperii — Whether immunity of State limited where proceedings relate to war crimes or crimes against humanity — Jus cogens — Effect of judgment of International Court of Justice — The law of Italy

State immunity — Jurisdictional immunity — Alleged violations of jus cogens — War crimes — Crimes against humanity — Claims for damages for war crimes and crimes against humanity committed in the forum State — Whether defendant State immune — General provision for immunity — Whether exception for jus cogens violation — Whether Italian courts having jurisdiction

State immunity — Jurisdictional immunity — Italian Constitution — Non-reviewability of custom as construed by International Court of Justice — Whether Italian law incorporating custom compatible with Constitution — Whether restriction of fundamental rights proportionate — Whether custom transposed into Italian law

State immunity — Jurisdictional immunity — Italian Constitution — Whether Italian statute ratifying United Nations Charter constitutional — Whether Italian statute requiring compliance with rulings of International Court of Justice constitutional — Whether sacrifice of fundamental rights proportionate — Whether domestic exception for atypical sovereign functions — The law of Italy

State immunity — Jurisdictional immunity — Customary law obligation to accord immunity — Acta jure imperii and acta jure gestionis — Civil action against State in respect of war crimes and crimes against humanity — Acts having status of acta jure imperii — Territorial tort exception to immunity — Whether applicable to acts of armed forces in conduct of armed conflict — Whether immunity set aside in case of grave illegalities — Jus cogens — Whether immunity available where State accused of violation of jus cogens — Relationship between rule of law violated and rule of law according immunity — Entitlement to immunity determined by law in force at the time action brought — Whether absence of alternative remedy relevant to immunity

State immunity — Procedure — Service of process upon defendant State — Whether immunity of State from jurisdiction precluding service — Service through diplomatic channels

Sources of international law — Customary international law — State practice and opinio juris — Customary law on State immunity — Relevance of national court decisions and legislation — United Nations Convention on the Jurisdictional Immunities of States and Their Property, 2004 — Relevance to customary international law

War and armed conflict — War crimes — Crimes against humanity — Occupied territory — Civilian population — Murder and deportation — The law of Poland