Human rights — Scope of application — Requirement that individual be within the jurisdiction of the respondent State — European Convention on Human Rights, 1950, Article 1 — Application to activities of State outside own territory — Circumstances relevant to determining whether person detained by forces of State outside its territory within jurisdiction of that State — Detention on authorization of territorial sovereign — Obligations of detaining State to territorial sovereign

Human rights — Right to life — Capital punishment — Transfer of detainee to State where death penalty carried out by hanging — Protocol 13 to the European Convention on Human Rights — Effect on interpretation of Article 2

Human rights — Fair trial — European Convention on Human Rights, Article 6 — Transfer of detainee to face trial in other State — Whether real risk of flagrant breach of Article 6 standards

War and armed conflict — Occupation — Presence of forces from former occupying power after end of occupation — Iraq — Multi-National Force — Powers — Relationship to Government of Iraq — United Nations mandate

Human rights — Right to liberty — Internment without trial — Iraq — Whether internment compatible with European Convention on Human Rights, 1950, Article 5(1) — Authorization by the United Nations Security Council — Whether capable of displacing obligations under Article 5(1) — United Nations Charter Articles 24, 25 and 103 — Security Council Resolution 1546 (2004) — Whether authorizing internment — Whether imposing obligation to employ internment

Human rights — Scope of application — Requirement that individual be within the jurisdiction of the respondent State — European Convention on Human Rights, Article 1 — Military operations authorized by the United Nations Security Council — Iraq — Security Council Resolution 1546 (2004) — Whether actions of United Kingdom contingent in Multi-National Force attributable to United Kingdom or United Nations

International organizations — United Nations — Security Council — Duty to maintain international peace and security — Resolutions — Interpretation — Presumption that resolution not intended to oblige State to act inconsistently with human rights obligations — United Nations Charter Articles 24, 25 and 103 — Security Council Resolution 1546 (2004)

State responsibility — Armed forces — Armed forces of State taking part in Multi-National Force authorized by United Nations Security Council — Whether actions of members of force attributable to State or to the United Nations

War and armed conflict — Belligerent occupation — Iraq — Hague Regulations, 1907, Article 42 — Duty of occupying power to maintain order — Internment — Whether occupying power required to use internment if necessary

Human rights — Scope of application — Requirement that individual be within the jurisdiction of the respondent State — European Convention on Human Rights, 1950, Article 1 — Application outside the territory of a Contracting State — Actions of State agents — Effective control of an area of territory — Belligerent occupation — Military operations — Iraq — Security Council Resolutions 1483 (2003)and 1511 (2003) — Whether actions of United Kingdom contingent in Multi-National Force attributable to United Kingdom or United Nations

Human rights — Right to life — European Convention on Human Rights, Article 2 — Procedural element — Duty to conduct investigation into death allegedly caused by armed forces of State — Requirement that investigation be independent and effective — Hostile conditions in area where death occurred — Requirement that investigation nevertheless take place — Relevance of conditions to form and conduct of investigation

War and armed conflict — Belligerent occupation — Iraq — Hague Regulations, 1907, Article 42 — Duty of occupying power to maintain order — Relationship between law of armed conflict and human rights law

State immunity — Jurisdictional immunity — General rule that foreign State immune unless exception to immunity applicable — Canada State Immunity Act 1985, Sections 3, 4 and 6 — Waiver — State initiating proceedings in Canadian courts — State requesting extradition not waiving immunity in respect of civil proceedings connected to the extradition — Personal injury exception — Whether applicable to acts jure imperii — Whether applicable to non-physical injury — Whether immunity displaced by peremptory norm of international law — The law of Canada

State immunity — Jurisdictional immunity — General rule that foreign State immune unless exception to immunity applicable — Burden of establishing whether or not exception applies — Application of State immunity to action for recognition of a foreign judgment — Canada State Immunity Act 1985, Sections 3 and 5 — Commercial activity — State supporting conduct of litigation by State corporation in courts of third States — State held to have been responsible for perjury — Judgment that State should pay costs of litigation — Whether State immune in proceedings for recognition of judgment — The law of Canada

State immunity — Jurisdictional immunity — General rule that foreign State immune unless exception to immunity applicable — Canada State Immunity Act 1985 (“SIA”) — SIA as absolute authority on State immunity entitlement in Canadian civil proceedings — Statutory exceptions to immunity — Whether trauma suffered by plaintiffs constituting exception under Section 6(a) of SIA

State immunity — Jurisdictional immunity — Nature and purpose of State immunity — Comity — Principle of non-interference — Whether definition of “foreign State” extends to State officials and functionaries — Whether defendants acting in official capacity — Whether illegality of acts by defendant functionaries barring immunity

Human rights — Torture — Damages — Civil proceedings against foreign State for acts of torture — Immunity from jurisdiction — Exceptions — Whether common law or international law principles providing bar to immunity — SIA as absolute authority — Constitutionality of SIA — Whether SIA in breach of Canadian Bill of Rights and Canadian Charter of Rights and Freedoms — Whether SIA barring right to fair trial — Whether lack of redress in Canadian courts sanctioning illegal action by foreign States against Canadian citizens abroad — The law of Canada

State immunity — Jurisdictional immunity — Absolute and restrictive doctrines of immunity — Customary international law — Law applicable in Hong Kong — Effect of the resumption of sovereignty by China — United Kingdom legislation on State immunity ceasing to have effect in Hong Kong — Common law applicable prior to resumption of sovereignty — Adherence by China to the absolute doctrine of immunity — United Nations Convention on the Jurisdictional Immunities of States, 2004 — China signing but not ratifying Convention — Whether act of signing Convention altering China’s position regarding absolute doctrine — Whether restrictive doctrine of immunity part of the law of the Hong Kong Special Administrative Region (“HKSAR”)

States — Autonomous regions — HKSAR — Resumption of sovereignty by China — International status of HKSAR — HKSAR not a separate sovereign — Application of international law in HKSAR — Whether possible for HKSAR to apply doctrine of State immunity different from that adhered to by China — Responsibility of China for acts of HKSAR — Hong Kong Basic Law — Responsibility of central government for foreign affairs

Sources of international law — Customary international law — Persistent objector principle — Effect of treaties on customary international law — State immunity — United Nations Convention on the Jurisdictional Immunities of States, 2004

Relationship of international law and municipal law — Customary international law — State immunity — Relationship between customary international law and common law — China adhering to absolute immunity doctrine — Whether HKSAR entitled to apply restrictive doctrine — Role of courts and executive — Independence of the judiciary — The law of the Hong Kong Special Administrative Region of the People’s Republic of China

State immunity — Jurisdictional immunity — Exceptions to immunity — Commercial activity — State funding and controlling conduct of litigation by State-owned company — Whether commercial activity — Whether State liable to pay costs of successful litigant — The law of England

Human rights — Scope of application — Requirement that individual be within the jurisdiction of the respondent State — European Convention on Human Rights, 1950, Article 1 — Application to activities of State outside own territory — Circumstances relevant to determining whether person detained by forces of State outside its territory within jurisdiction of that State — Detention on authorization of territorial sovereign — Obligations of detaining State to territorial sovereign

Human rights — Right to life — Capital punishment — Transfer of detainee to State where death penalty carried out by hanging — Whether customary international law rule prohibiting hanging — Whether European regional customary rule prohibiting transfer where real risk of death penalty

Human rights — Fair trial — European Convention on Human Rights, Article 6 — Transfer of detainee to face trial in other State — Whether real risk of flagrant breach of Article 6 standards

War and armed conflict — Occupation — Presence of forces from former occupying power after end of occupation — Iraq — Multi-National Force — Powers — Relationship to Government of Iraq — United Nations mandate — The law of England

State immunity — Jurisdictional immunity — Commercial transactions — Enforcement of foreign judgments — Approach to immunity where attempt made to enforce foreign judgment against foreign State — Judgment in United States District Court relating to a commercial transaction entered into by Argentina — Proceedings to enforce judgment in England — Whether English proceedings relating to commercial transaction — State Immunity Act 1978, Section 3(1)(a) — Civil Jurisdiction and Judgments Act 1982, Section 31 — Waiver — Provisions in contract

Economics, trade and finance — Sovereign debt — Bonds — Moratorium on sovereign debt declared by Argentina — Proceedings brought by bondholders — The law of the United Kingdom

Diplomatic relations — Special missions — Convention on Special Missions, 1969 — Inviolability and immunity of member of special mission — Requirement that receiving State consents to special mission — Official visiting State without such consent — Whether entitled to immunity in context of extradition request

State immunity — Jurisdictional immunity — Officials — Criminal proceedings — Immunity ratione personae — Limited to the most high-ranking officials — Whether applicable to senior security official — Immunity ratione materiae — Whether official entitled to State immunity in respect of official acts — Allegation of kidnapping by officials of one State on the territory of another — Whether distinction between civil and criminal proceedings

Extradition — Abuse of process — Whether suspect lured into territory to facilitate arrest — Immunity — Official accused of extraditable offence — Offence allegedly performed in exercise of official functions — The law of England