State immunity — Jurisdictional immunity — Claim by individual against foreign State for personal injury — Deportation to forced labour by German occupying forces during Second World War — Violation of rules of jus cogens — Whether grave violations of human rights precluding reliance on State immunity under customary international law — European Convention on State Immunity, 1972, Articles 11 and 31 — Whether entitlement to rely on immunity preserved for acts of armed forces — Whether commission of grave violations of human rights automatically implying waiver of immunity by State
International criminal law — War crimes — Deportation to forced labour — Article 6(b) of Charter and Judgment of Nuremberg International Military Tribunal — Provisions of Hague Convention, 1907, and Geneva Convention, 1929 — Whether recognized as declaratory of customary international law prior to outbreak of Second World War — Categorization of deportation to forced labour as international crime — Confirmation in Statutes of International Criminal Tribunals for Former Yugoslavia and Rwanda and Statute of International Criminal Court, 1998
Relationship of international law and municipal law — Crimes against international law — Customary international law — Jurisdictional immunity of foreign States for acts performed jure imperii — International crimes involving serious violations of fundamental human rights — Claims for damages by individuals for loss and injury arising from commission of such crimes — Whether States entitled to rely on immunity — Practice of national and international tribunals — Whether conclusive — Whether fact that acts performed jure imperii relevant — Whether priority now accorded to protection of fundamental rights of individuals over right of States to jurisdictional immunity — Whether any parallel between functional immunity of State organs and immunity of States
War and armed conflict — Conduct of military operations — Whether choice of method of conducting hostilities justiciable — Whether non-justiciability preventing examination of possible commission of war crimes against individuals — The law of Italy
