State immunity — Jurisdiction — Head of State — Criminal charges — Whether commission of genocide or other crimes against international law precluding Head of State from relying on State immunity — Statute of International Criminal Court, 1998 — Principle that immunity attaching to official capacity of person shall not bar exercise of jurisdiction — Whether taking precedence over rule of customary international law concerning jurisdictional immunity

War and armed conflict — Enforcement of international humanitarian law — Genocide Convention, 1948, Geneva Conventions, 1949 and Statute of the International Criminal Court, 1998 — Belgian Law of 1993 incorporating provisions of Conventions into domestic law — Whether presence of accused on Belgian territory required for prosecution where alleged crimes committed abroad

Jurisdiction — Universal — Genocide and other crimes against international law — Belgian Law providing for universal jurisdiction over genocide, war crimes and crimes against humanity — Whether compatible with jus cogens and reflecting contemporary international treaty practice

Relationship of municipal law and international law — Crimes against international law — Punishment of crimes by municipal courts — Whether prosecution possible in absentia where crimes were not committed on territory of State seeking to exercise jurisdiction — The law of Belgium