Suchergebnisse

505State 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 cogensRelationship of international law and municipal law — Customary international law — Italian Constitution, Article 10 — International law and fundamental principles of international legal orderWar 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

408Human rights — Enforcement — European Convention on Human Rights, 1950 — Enforcement by national courts — European Convention on Human Rights, 1950 — Extradition of applicant to non-Convention State — Allegation that trial and sentencing procedures in requesting State would be in violation of Convention — Whether court required to investigate veracity of allegations — Decision turning on whether prosecution and sentencing procedures of requesting State in accordance with fundamental principles of Convention — Presumption that requested State only entering into extradition treaties with States having prosecution and sentencing procedures in accordance with ConventionExtradition — Conditions — Requirement that extradition should not violate European Convention on Human Rights, 1950 — Bilateral extradition treaty — Requesting State not party to Convention — Principles by which courts of requested State ensuring extradition to requesting State not causing breach of Convention — Presumption that requested State only entering into extradition treaties with States having prosecution and sentencing procedures in accordance with Convention — Principle of pacta sunt servandaTreaties — Application — By municipal courts — Conflicting treaty obligations — Resolution of conflict by municipal courts — Obligations under extradition treaty allegedly causing breach of obligations under European Convention on Human Rights, 1950 — Whether Convention taking precedence over provisions of the Netherlands-United States Extradition Treaty, 1980 — The law of the Netherlands

401Extradition — Of nationals — Declaration by the Netherlands pursuant to the European Convention on Extradition, 1957, Article 6(b) — Declaration containing undertaking not to grant extradition requests in respect of "nationals" — Definition of nationals as including "foreigners integrated into the Dutch community" — Determination as to whether a particular individual is such a foreigner — Whether a matter for Executive or courtsTreaties — Application by municipal courts — Declaration made pursuant to treaty provisions — Declaration not incorporated into municipal law — Whether declaration may be enforced by municipal courts — The law of the Netherlands

430Rivers — International rivers — Freedom of navigation — Definition — Safety regulations — Whether constituting impediment to freedom of navigation — Revised Act Concerning Navigation of the Rhine (Act of Mannheim), 1868–1922, Article 1Treaties — Effect in municipal law — Priority of treaty provisions over conflicting provisions of municipal law — Revised Act concerning Navigation of the Rhine (Act of Mannheim), 1868–1922, Article 1 — Whether municipal legislation in conflict with Revised Act — Primacy of Revised Act over municipal legislation — The law of the Netherlands

Jurisdiction — Personal — Nationals on the high seas — Ships — Criminal prosecution by Dutch authorities — Accused failing to observe Norwegian statutory regulations whilst master of Dutch vessel in Norwegian exclusive economic zone — Whether failure to obey regulations constituting criminal offence under Dutch lawSea — Exclusive economic zone — Jurisdiction — Powers of Norwegian authorities to inspect Dutch fishing vessel in Norwegian exclusive economic zone — The law of the Netherlands

Diplomatic relations — Protection of embassy premises and staff — Occupation of Iranian Embassy by protesters — Duty of receiving State to protect embassy — Initiation of criminal proceedings — Protester found guilty of various offences — Modification of original sentence due to change of government in Iran — The law of the Netherlands

339Diplomatic relations — Immunity — Diplomatic agent — Commission of crime in territory of third State — Whether entitled to immunity from criminal jurisdiction — Waiver — Whether diplomat entitled to waive immunity from criminal jurisdiction — Whether waiver exclusive prerogative of sending State — Vienna Convention on Diplomatic Relations, 1961, Articles 32, 39 and 40 — The law of the Netherlands

349Diplomatic relations — Protection of embassy premises — Occupation of Surinamese Embassy in the Hague by protesters — Duty of receiving State to protect embassy — Court not entitled to question decision of Executive to allow Surinam to open embassy — The law of the Netherlands

91Jurisdiction — Territorial — Foreign armed forces — Criminal jurisdiction of receiving State — Concurrent jurisdiction of sending and receiving States — NATO Status of Forces Agreement, 1951, Article VII — Primary right of receiving State to exercise jurisdiction — Custody pending trial — Responsibility of sending State — Annex to Exchange of Notes between Governments of the United States and the Netherlands, 1954, Article 3 — The law of the Netherlands

93War and armed conflict — Enforcement of the laws of war — War crimes — London Charter of the International Military Tribunal, 1945, Article 6(b) — Definition of war crimes — Regulations annexed to Hague Convention No IV on the Laws and Customs of Warfare on Land, 1907, Article 46 — Time-limits under Dutch law for prosecution of war crimesHuman rights — Renewed criminal proceedings — Due process — European Convention on Human Rights, 1950 — Article 6(1) — Right to hearing within a reasonable time in determination of criminal charge — Conviction and sentence of accused in 1949 — Notification to accused of proceedings delayed until 1980 — Whether renewed proceedings violate right of accused to hearing within a reasonable time — The law of the Netherlands

1 War and armed conflict — Terrorism — Hostage-taking — Whether taking of hostages ever justifiable — Attempt to establish independent State in the South Molucca Islands — Supporters of independence hijacking train in the Netherlands to draw attention to their cause — The law of the Netherlands

The individual in international law — In general — Human rights and freedoms — European Convention on Human Rights, 1950 — Article 10 — Freedom to impart information and ideas — Municipal legislation restricting distribution of obscene publications — Whether compatible with Article 10 — Relevance of legislation in neighbouring countries — The law of the Netherlands

The individual in international law — Extradition — Political crimes — European Convention on Extradition, 1957, Article 3(1) — Member of 'Red Army' terrorist group — Offences committed to put pressure on Federal German Government — Predominant importance of political aspect of offences — Offences connected with political offences — Requirement of double criminality — Article 2 of the Convention — The law of the Netherlands

War and neutrality — War in general — Definition and technical meaning of war — Guerilla fighters and other irregular resistance movements — Geneva Conventions on the Rules of War, 1949 — Additional Protocol I to the Geneva Conventions, 1977 — Whether Red Army Faction waging class war against Federal Republic of Germany so as to give members protection under Geneva Conventions — Whether alleged offences constituting criminal offences for purposes of the law of war — The law of the Netherlands

Jurisdiction — In general — Personal — Over nationals in respect of crimes committed abroad — Whether provisions of Dutch Road Traffic Act apply to offences committed by nationals abroad — Whether any requirement that offence be punishable under law of place of commission — The law of the Netherlands