War and armed conflict — Violations of international humanitarian law — Compensation — Armed conflict between the Democratic Republic of the Congo and Uganda — Judgment of the International Court of Justice of 19 December 2005 establishing Uganda’s responsibility for breaches of law on use of force and international humanitarian law — Obligation to make reparations — Parties to agree on mutually acceptable reparations — Failure to reach agreement — ICJ to determine reparations — Occupation — Uganda the Occupying Power in Ituri — Duty of vigilance — Responsibility for damage caused by third parties

Claims — Democratic Republic of the Congo’s claims for compensation and satisfaction — Principles applicable to deciding reparations — Whether Uganda liable to make reparations for all damage in Ituri — Impact of Uganda’s duty of vigilance — Whether Uganda liable to make reparations for acts of irregular forces outside Ituri — Whether Uganda liable to make reparations for supporting acts of irregular armed forces outside Ituri — Sufficiently direct and certain causal nexus — Whether causal nexus depending on nature of primary obligation — Whether causal nexus different for acts within and outside Ituri — Proof — Burden of proof — Burden of proof different depending on subject-matter and nature of dispute — Uganda’s burden of proof in respect of injury in Ituri — Standard of proof — Whether standard of proof lower where multiple victims of armed conflict — Whether standard of proof lower at reparations phase than at merits phase

Evidence before international courts and tribunals — Impact of armed conflict on evidence gathering — Impact of passage of time on evidence gathering — Evidence on file insufficient to reach decision on compensation due — Reliance on evidence not filed by Parties — Reliance on United Nations reports — Reliance on report by Court-appointed experts — Whether absence of adequate evidence precluding award of compensation — Approach where adequate evidence lacking — Equitable considerations — Compensation awarded as global sum

Damages — Damage to persons — Loss of life — Injury to persons — Rape and sexual violence — Recruitment of child soldiers — Population displacement — Difficulty in establishing number of civilians killed, injured and raped, child soldiers recruited and population displaced — Insufficiency of evidence of Democratic Republic of the Congo — Uganda responsible for considerable part of damage — Compensation awarded as global sum — Damage to property — Damage in Ituri — Damage outside Ituri — Insufficiency of DRC’s evidence — Insufficiency of information in Court-appointed expert’s report — Compensation awarded as global sum — Damage to property of Société nationale d’électricité and military property — Claims dismissed for lack of evidence — Damage relating to natural resources — Methodology of Court-appointed expert convincing — Damage relating to exploitation of minerals — Gold, diamonds and coltan — Compensation awarded as global sum — Tin and tungsten — Claims dismissed for lack of evidence — Damage relating to flora — Coffee and timber — Compensation awarded as global sum — Deforestation — Claim dismissed for lack of evidence — Damage relating to fauna — Most damage occurring in Ituri — Compensation awarded as global sum — Macroeconomic damage — Whether need to decide if macroeconomic damage was compensable — DRC’s failure to show sufficiently direct and certain causal nexus — Claim dismissed — Whether overall sum within Uganda’s financial capacity to pay — No need to consider financial burden imposed on Uganda — Compensation to be paid in five annual instalments

Claims — Democratic Republic of the Congo’s claim for satisfaction — Request that Uganda prosecute officers and soldiers of Uganda Peoples’ Defence Forces — Whether Uganda already having obligation to prosecute — Request for payment of money into trust fund for reconciliation of Hema and Lendu in Ituri — Payment already covered by compensation awarded — Request for payment for non-material harm — Payment already covered by compensation awarded — Costs — DRC’s request to be awarded costs of proceedings — Whether reason to depart from general rule that each Party having to bear its own costs — Interest — No basis to award pre-judgment interest — Award of post-judgment interest — No reason for Court to remain seised of case

Human rights — Prohibition on discrimination — Right to respect for private life — European Convention on Human Rights, 1950 — Article 14 taken in conjunction with Article 8 — Racial profiling — Identity checks by police on street — Whether identity check within the ambit of Article 8 — Threshold of necessary severity for application to fall within scope of Article 8 — Positive obligation to investigate claims of racial discrimination — Whether domestic courts’ decisions sufficiently reasonable — Whether adequate legal framework to seek remedy against discrimination — European Court of Human Rights

Human rights — Prohibition on discrimination — Right to respect for private life — Protection from discrimination — The European Convention on Human Rights, 1950 — Article 14 taken in conjunction with Article 8 — Racial profiling — Identity checks by police — Whether racist motives, ethnic hatred or prejudice playing role in determinations to perform identity checks by police — Lack of independent effective investigation into arguable allegations of racial profiling — Threshold for necessary severity for application to fall within scope of Article 8 — Duty to investigate allegations of racial profiling in view of serious consequences for persons affected

Human rights — Admissibility of author’s complaint — Optional Protocol to International Covenant on Civil and Political Rights, 1966 — Article 3 of Optional Protocol to ICCPR — Abuse of right to submit communications — Whether elapse of almost six years after domestic courts’ final judgment constituting abuse of right to submit communications

Human rights — Right to equality and prohibition of discrimination — Racial discrimination — International Covenant on Civil and Political Rights, 1966 — Article 26 of ICCPR — Whether police officer checking identity of author based on skin colour violating Article 26 of ICCPR — United Nations Human Rights Committee

Human rights — International Covenant on Civil and Political Rights, 1966 — Right to privacy — Data protection — Identity card scheme introduced by Mauritius — National Identity Card of 1985 — Whether collection and retention of biometric data on identity cards violating Article 17 — Whether Committee empowered to entertain actio popularis — Whether Committee empowered to hear case brought by person who had not yet been shown to have been adversely affected — United Nations Human Rights Committee

Human rights — Right to an effective remedy — Treaties — International Covenant on Civil and Political Rights, 1966 — United Nations Principles –– Human rights violations committed in the Philippines during dictatorship –– Victims of gross human rights violations –– Victims’ right to “full” and “effective” reparation –– Decision to have remains of former President Marcos interred at Heroes’ Cemetery –– Victims filing petitions to challenge decision –– Whether proposed interment of former dictator at Heroes’ Cemetery violating international law

Relationship of international law and municipal law — Treaties — International Covenant on Civil and Political Rights, 1966 — United Nations Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, 2005 — United Nations Updated Set of Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity, 2005 — Effect in the law of the Philippines

Treaties — Human rights –– Human rights embodied in treaties, covenants and other international laws — International Covenant on Civil and Political Rights, 1966 — United Nations principles on Reparation and to Combat Impunity –– Rights of victims of human rights violations to “full” and “effective” reparation — Proposed interment of former President Marcos at Heroes’ Cemetery –– Whether the Philippines complying with its obligations under international law

Damages –– Reparations — Right to “full” and “effective” reparation — Victims of human rights violations in the Philippines –– Whether proposed interment of former President Marcos at Heroes’ Cemetery violating Constitution of the Philippines, domestic law and international law — Whether heroes’ burial for former dictator legal and just — The law of the Philippines

State immunity — Jurisdictional immunity — State Immunity Act 1978 — Kurdistan Regional Government — Production Sharing Contract for oil and gas in the Kurdistan Region of Iraq — Consent to change in control of private company — Suit against constituent territories and separate entities — Whether a constituent territory of a recognized State entitled to immunity —Whether agents and servants of States, constituent territories of States and separate entities entitled to immunity — Acta jure imperii — Orders in Council under Section 14 of State Immunity Act 1978 — Sovereign authority under State Immunity Act 1978 — Constitution of State as source of sovereign authority — Pearl Petroleum Co. Ltd v. Kurdistan Regional Government of Iraq — Service on agents of States, constituent territories and separate entities — Doctrine of foreign act of State — Forum non conveniens — Stay of proceedings

States — Federal States — Constituent territories — Iraq — Kurdistan Region — Immunity — The law of England