International tribunals — Evidence and procedure — Errors of law and fact — Whether conviction exceeding scope of charges against appellant — Whether criminal acts not established beyond reasonable doubt to form part of facts and circumstances described in charges — Whether Appeals Chamber required to defer to Trial Chamber’s factual findings — Whether appellant to be acquitted of crimes against humanity and war crimes

International criminal law — International Criminal Court — Rome Statute of the International Criminal Court, 1998, Article 28(a) — War crimes and crimes against humanity — Command responsibility — Requirements — Whether entailing strict liability of commander for crimes committed by subordinates — Effective control over military troops — Whether appellant having taken all necessary and reasonable measures to prevent commission of crimes by his troops — Whether appellant to be acquitted of crimes against humanity and war crimes

War and armed conflict — War crimes — Crimes against humanity — Murder, rape and pillage — Whether contextual elements of crimes against humanity established — Command responsibility — Concept of military necessity — Reasonableness — Whether acquittal of appellant appropriate

Damages — Reparations — Article 75 of Rome Statute of International Criminal Court, 1998 — Whether reparations order could be made against appellant following acquittal on appeal — Whether final decision on reparations within power of Trial Chamber — Whether appropriate for Chamber to make concrete findings on extent and scope of victimization — Whether appropriate to issue principles on reparations

Damages — Right to compensation for acquitted defendant — Article 85 of Rome Statute of International Criminal Court, 1998 — Whether grave and manifest miscarriage of justice — Whether award of compensation under Article 85(3) of Rome Statute appropriate — Whether acquitted person having right to be compensated — Whether grounds for exercise of discretion to make award of compensation — Damage to assets and property of acquitted person allegedly resulting from their mismanagement — Whether within scope of Article 85 of Rome Statute

Treaties — Interpretation — Application — Article 85 of Rome Statute of International Criminal Court, 1998 — Whether acquitted person having right to be compensated — Whether grave and manifest miscarriage of justice — Article 85(3) — Travaux préparatoires — Right to compensation — International human rights treaties — International Covenant on Civil and Political Rights, 1966 — Whether right to compensation for acquitted person having emerged as general principle of international human rights law — Treaties — Customary international law — Jurisprudence of regional and international human rights bodies — Practice of international ad hoc criminal tribunals — Relevant national legal systems

Human rights — Right to a fair trial — Duration of criminal proceedings — Reasonableness — Jurisprudence of European Court of Human Rights — Assessing reasonableness of length of proceedings in light of circumstances and certain criteria — Approach enshrined in Article 85(3) of Rome Statute of International Criminal Court, 1998 — Absence of statutory limits on duration of proceedings and of custodial detention — Whether case for review of Rome Statute — Whether length of proceedings excessive in this case

State immunity — Jurisdictional immunity — Employment — Termination of employment in United States Consulate — Complaint alleging unfair dismissal — Canada Labour Code, Section 240 — Canada State Immunity Act 1985, Section 9(2) — Service of process on foreign States — Whether adjudicator having jurisdiction over United States — Whether waiver of immunity — Canada State Immunity Act 1985, Section 5 — Whether commercial activity exception applicable — Whether employment of personnel in United States Consulate commercial activity — Whether employment integral to operations — Whether nature of duties relevant — Whether immune from review by domestic courts

Consular relations — Employment of local staff at consulate — Whether subject to the jurisdiction of the local courts — Employment disputes — State immunity –– The law of Canada

Aliens — Refugee status — Convention relating to the Status of Refugees, 1951 — Article 1F(a) — Exclusion from protection — Involvement in terrorist activities in home country — Removal of migrants to home country breaching Article 3 of European Convention on Human Rights, 1950 — Migrants granted leave to remain in United Kingdom — Whether granting of indefinite leave to remain appropriate — Whether restricted leave to remain policy unlawful

Relationship of international law and municipal law — Treaties — Convention relating to the Status of Refugees, 1951 — Article 1F(a) — Refugee status — Exclusion from protection — Involvement in terrorist activities in home country — Removal of migrants to home country breaching Article 3 of European Convention on Human Rights, 1950 — Migrants granted leave to remain — Long and lawful residence in the United Kingdom since involvement in terrorist offences — Whether constituting exceptional circumstance warranting settlement in the United Kingdom — Whether outweighing United Kingdom’s policy objectives not to provide safe haven to terrorists

Terrorism — Convention relating to the Status of Refugees, 1951 — Article 1F(a) — Refugee status — Exclusion from protection — Involvement in terrorist activities in home country — Migrants granted leave to remain in United Kingdom — Long and lawful residence in the United Kingdom since involvement in terrorist offences — Whether constituting exceptional circumstance warranting settlement in the United Kingdom — Whether outweighing United Kingdom’s policy objectives not to provide safe haven to terrorists — Whether granting of indefinite leave to remain appropriate — United Kingdom’s policy objectives not to provide safe haven to terrorists — Whether restricted leave to remain policy unlawful

Human rights — Right to privacy and family life — European Convention on Human Rights, 1950 — Article 8 — Whether conditions imposed upon migrants under restricted leave to remain policy interfering with their right to privacy and family life — Immigration Act 1971 — The law of England

Aliens — Refugee status — Convention relating to the Status of Refugees, 1951 — Article 1F(a) — Exclusion from protection — Crimes against humanity — Removal of respondent to home country breaching Article 3 of European Convention on Human Rights, 1950 — Respondent granted leave to remain in United Kingdom — Whether respondent entitled to indefinite leave to remain in United Kingdom — Public interest in removal of respondent to Pakistan appropriate — Whether compelling circumstances outweighing public interest

Relationship of international law and municipal law — Convention relating to the Status of Refugees, 1951 — Article 1F(a) — Exclusion from protection — Crimes against humanity — Removal of respondent to home country breaching Article 3 of European Convention on Human Rights, 1950 — Respondent granted leave to remain in United Kingdom — International crimes — Respondent’s lawful behaviour and family ties since alleged involvement in international crimes — Whether constituting compelling circumstances outweighing public interest in denying settlement in United Kingdom

International criminal law — Crimes against humanity — Denial of settlement in United Kingdom to those who have committed crimes against humanity — Whether proper weight given to this factor — United Kingdom’s international obligations — United Kingdom’s international standing — Purpose of Article 1F of Convention relating to the Status of Refugees, 1951 — Accountability for actions — Upholding international rule of law — Whether compelling circumstances to grant respondent indefinite leave to remain in United Kingdom — Whether in public interest for respondent to be removed to Pakistan — The law of England

Aliens — Refugee status — Convention relating to the Status of Refugees, 1951 — Article 1F(a) — Exclusion from protection — Alleged complicity in genocide — Migrants granted leave to remain in United Kingdom — Whether grant of indefinite leave to remain appropriate — Public interest

War and armed conflict — International crimes — Genocide — Complicity in genocide — Whether person allegedly involved in genocide should be granted indefinite leave to remain in United Kingdom

Relationship of international law and municipal law — International crimes — Whether a person’s lawful behaviour since alleged involvement in international crimes to outweigh public interest of denying settlement in United Kingdom — United Kingdom duties to the international community — The law of England