Jurisdiction — Territorial — Acts performed in foreign country — Whether requirement that acts producing effect within prosecuting State — Whether sufficient that act performed with intention of producing effect — Drug trafficking — Allegation that General Noriega exploiting his position as Head of Panama’s armed forces to assist drug traffickers to import narcotics into the United States — Whether disclosing violations of United States law — Extraterritorial jurisdiction — Presumption against extraterritorial effect of legislation — Evidence of clear Congressional intention needed to rebut presumption

Jurisdiction — Executive — Consequences of illegal arrest — United States capturing Panamanian leader during military invasion of Panama and transporting him to United States to stand trial — Allegation that United States invasion violating rights of Panamanian people — Whether Fifth Amendment to United States Constitution applicable — Whether Court required to divest itself of jurisdiction under supervisory power doctrine Relationship of international law and municipal law — Act of State and justiciability — Nature of United States act of State doctrine — Purpose of doctrine — Whether confined to preventing courts from embarrassing Executive in conduct of foreign relations — Application of act of State doctrine to acts of Head of State — Whether confined to acts performed in official capacity — Distinction between official and private acts — Distinction between sovereign immunity and act of State doctrine

State immunity — Head of State immunity — Nature and purpose — Promotion of international comity and respect amongst sovereign nations — Distinction between official and private acts of Head of State — Whether Head of State entitled to claim immunity for acts performed in private capacity — Distinction between sovereign immunity and act of State doctrine

Diplomatic relations — Diplomatic representatives — Acquisition of diplomatic status — Process of accreditation — Requirement that sending State request diplomatic accreditation and receiving State accede to request — Whether possession of diplomatic passport constituting evidence of diplomatic status

War and armed conflict — Laws of armed conflict — Prisoners of war — Whether captured person entitled to prisoner of war status — Whether determination to be made by civil courts of detaining power — Criteria for establishing prisoner of war status — Jurisdiction of civil courts of detaining power to try prisoners of war for common crimes — Whether extending to crimes committed prior to outbreak of hostilities — Repatriation of prisoners of war — Whether prisoners of war facing criminal proceedings entitled to repatriation upon cessation of hostilities — Treatment of prisoners of war — Geneva Convention Relative to the Treatment of Prisoners of War, 1949, Articles 21, 22, 82, 84, 87, 108, 118 and 119

War and armed conflict — Application of the laws of armed conflict — Scope of application — War crimes and crimes against humanity — Charter of the International Military Tribunal, 1945, Article 6 — Whether provisions of Charter only applicable to prosecution of World War Two war criminals — Whether governing conduct of United States forces during invasion of Panama

War and armed conflict — Armed conflict — Definition — United States invasion of Panama — Whether constituting an armed conflict — Geneva Convention Relative to the Treatment of Prisoners of War, 1949, Article 2

Recognition — Governments — Effect of recognition and non-recognition — Effect in law of recognizing State — Whether leader of unrecognized government entitled to claim Head of State immunity

Relationship of international law and municipal law — Conduct of foreign relations — Political question doctrine — Invasion of Panama by United States military forces — Whether raising justiciable question — Relationship between political question doctrine and supervisory power doctrine

Relationship of international law and municipal law — Treaties — Effect in municipal law — Whether creating right to action — Criteria for determining whether treaty self-executing — United Nations Charter, 1946 — Charter of the Organization of American States, 1948 — Hague Convention Respecting the Laws and Customs of War on Land, 1907 — Geneva Convention Relative to the Treatment of Prisoners of War, 1949

Relationship of international law and municipal law — Conduct of foreign relations — Conclusiveness of recognition of foreign government by Executive — Whether leader of unrecognized government entitled to claim Head of State immunity