Human rights — Genocide — Definition of genocide — Convention for the Prevention and Punishment of the Crime of Genocide, 1948 — Actus reus of genocide — Mens rea — Specific intent to destroy protected group as such — Nature of intent — Proof — Whether existence of intent can be inferred from pattern of conduct — Relationship between genocide and other violations of humanitarian law and human rights — Ethnic cleansing — Responsibility for genocide — Complicity in genocide — Duty to prevent genocide — Duty to punish genocide — Whether including duty of co-operation with International Criminal Tribunal for the former Yugoslavia — Massacre at Srebrenica

International Court of Justice — Jurisdiction — Res judicata — Whether issue of jurisdiction implicitly determined at Preliminary Objections stage can be reopened at merits stage — Whether respondent State party to the Statute of the International Court of Justice at relevant time — Estoppel — Whether relevant — Provisional measures — Binding character of measures indicated before Court first stated that its measures had legal effect — Reparation for failure to comply with provisional measures — Evidence — Burden of proof — Standard of proof — Methods of proof — Relevance of findings by International Criminal Tribunal for the former Yugoslavia

International criminal law — Genocide — Definition of genocide — Obligations under Genocide Convention — Role of International Criminal Tribunal for the former Yugoslavia — Proof of genocide

International tribunals — International Criminal Tribunal for the former Yugoslavia — Duty of States to co-operate with Tribunal — Relationship to obligations under Article VI of the Genocide Convention — Relationship between International Court of Justice and International Criminal Tribunal for the former Yugoslavia

State responsibility — Attribution — Concept of de facto organs of State — Responsibility of State for acts of persons and groups under its effective control — Nature of effective control test — Whether requiring proof of control over specific operation — Whether general control sufficient — Complicity — Genocide — International Law Commission Articles on State Responsibility, Articles 4, 8 and 16

State succession — Distinction between successor State and continuing State — Yugoslavia — Claim by Federal Republic of Yugoslavia to be the continuation of the Socialist Federal Republic of Yugoslavia — Separation of Montenegro from State union of Serbia and Montenegro — Whether Serbia the continuation of the State union

War and armed conflict — War crimes — Crimes against humanity — Genocide — Conflict in Bosnia and Herzegovina 1992-5 — Massacre at Srebrenica

International organizations — United Nations — Immunity — Nature of immunity — Whether absolute — Basis and scope of immunity — Whether United Nations entitled to immunity from jurisdiction — Whether Dutch courts competent to hear appellants’ action in so far as directed against United Nations — Conflicting obligations under international agreements — Prevailing obligation — Whether right of access to a court overriding immunity of United Nations — Relevance of seriousness of allegations — Whether entitlement to immunity dependent on existence of alternative means of securing redress — United Nations Charter, 1945, Articles 103 and 105

Treaties — Interpretation — United Nations Charter, 1945, Articles 103 and 105 — Convention on the Privileges and Immunities of the United Nations, 1946, Article II(2) — Vienna Convention on the Law of Treaties, 1969, Article 31 — European Convention on Human Rights, 1950, Article 6 — Conflicting obligations under international agreements — Prevailing obligation — Whether right of access to a court overriding immunity of United Nations — European Convention on Human Rights, 1950, Article 6 — International Covenant on Civil and Political Rights, 1966, Article 14 — Relationship with Article 103 of United Nations Charter, 1945 and Article II(2) of Convention on the Privileges and Immunities of the United Nations, 1946

Human rights — Right of access to a court — European Convention on Human Rights, 1950, Article 6 — International Covenant on Civil and Political Rights, 1966, Article 14 — Whether invocation of United Nations immunity compatible with right of access to courts — Activities of UN under Chapter VII of UN Charter — Relevance of seriousness of allegations — Relationship of United Nations immunity and State immunity with right of access to courts — The law of the Netherlands

Human rights — Right to a fair trial — Right to a court — Right of access to a court — Whether absolute right — Applicants bringing proceedings in Netherlands in connection with 1995 Srebrenica massacre — Netherlands courts granting United Nations immunity — Applicants lodging application with European Court of Human Rights against Netherlands — Standing of applicants — Admissibility of applicants’ complaints under Article 6 of European Convention on Human Rights, 1950 — Scope of case before European Court of Human Rights — Whether plausible basis in international law for immunity of United Nations — Whether Netherlands compelled to provide remedy against United Nations in its own courts — Whether grant of immunity to United Nations serving legitimate purpose — Whether disproportionate — Netherlands Supreme Court refusing to refer to Court of Justice of European Union for preliminary ruling — Whether summary reasoning sufficient — Whether Netherlands violating applicants’ right of access to court — Whether Netherlands violating Article 6 of European Convention on Human Rights, 1950

International organizations — United Nations — Immunity — Nature of immunity — Netherlands granting United Nations immunity from domestic civil jurisdiction — Whether grant of immunity to United Nations serving legitimate purpose — Whether disproportionate — Whether Netherlands violating applicants’ right of access to a court — Whether plausible basis in international law for immunity of United Nations — Rules of international law relating to immunity — Applicability — Special character of European Convention on Human Rights, 1950 as human rights treaty — Purpose of United Nations — International human rights law — Relevance of allegation of genocide — Whether civil claim overriding immunity from suit

Treaties — Interpretation — European Convention on Human Rights, 1950 — United Nations Charter, 1945 — Special character of Convention as human rights treaty — Convention forming part of international law — Relevant rules of international law — International law rules on State immunity — International human rights law — Conflicting obligations under international agreements — Prevailing obligation — Purposes of United Nations — United Nations Charter — Presumption in interpretation — Netherlands courts finding United Nations immune from domestic jurisdiction under international law — Whether Netherlands violating Article 6(1) of European Convention on Human Rights, 1950

International organizations — Responsibility — Attribution of acts to international organization or to States — United Nations — Peacekeeping mission — United Nations Security Council establishing United Nations Protection Force (“UNPROFOR”) — Security Council Resolution 743 (1992) — Peacekeeping mission of UNPROFOR extending to Bosnia and Herzegovina

State responsibility — Attribution — National contingent in United Nations force — State placing troops at disposal of United Nations — Dutch battalion contingent in UNPROFOR — Alleged wrongful conduct of contingent — Whether attributable to State — Whether attributable to United Nations — Whether attributable to both State and United Nations — Assessment in accordance with international law — United Nations International Law Commission — 2001 Draft Articles on Responsibility of States for Internationally Wrongful Acts — 2011 Draft Articles on the Responsibility of International Organizations — Decisive criterion for attribution — Factual control — Whether Court of Appeal incorrectly applying or interpreting effective control criterion — Context for alleged conduct — Whether alleged conduct unlawful — Bosnian law — Principles laid down in Articles 2 and 3 of European Convention on Human Rights, 1950 (“European Convention”) and Articles 6 and 7 of International Covenant on Civil and Political Rights, 1966 (“ICCPR”) — Whether State liable for damages

Relationship of international law and municipal law — Treaties — Customary international law — European Convention, Articles 2 and 3 — ICCPR, Articles 6 and 7 — Right to life — Prohibition of inhuman treatment — Whether State having requisite jurisdiction within meaning of Article 1 of European Convention and Article 2(1) of ICCPR — Case law of European Court of Human Rights — Law of Bosnia and Herzegovina applicable in accordance with Dutch international private law — Assessment of wrongful conduct — Whether assessment of Court of Appeal correct — Whether any basis for exercise of judicial restraint

Jurisdiction — Treaties — European Convention, Article 1 — ICCPR, Article 2(1) — Whether State having jurisdiction — Whether jurisdiction required to assess disputed conduct by reference to Articles 2 and 3 of European Convention and Articles 6 and 7 of ICCPR — Case law of European Court of Human Rights — Whether State competent through its battalion contingent to exercise jurisdiction — State’s battalion contingent forming part of UNPROFOR — Agreement on the Status of UNPROFOR in Bosnia and Herzegovina — Whether sufficient basis for view of State’s ability to ensure compliance with human rights enshrined in Articles 2 and 3 of European Convention and Articles 6 and 7 of ICCPR — The law of the Netherlands

Extradition — Extradition Act 2003 — Whether alleged conduct amounting to extraditable offence under Section 137(3) — Extraneous considerations — Whether extradition barred under Sections 81 or 82 — Whether abuse of process

International criminal law — War crimes — Prosecution — Former Yugoslavia — Limits on national prosecutions — International Criminal Tribunal for the former Yugoslavia

International tribunals — International Criminal Tribunal for the former Yugoslavia — Prosecutor — Decision that no basis for charging individual — Whether same individual could be charged before national court

Relationship of international law and municipal law — Geneva Conventions — Geneva Conventions Act 1957 — Criminal Code of the Socialist Federal Republic of Yugoslavia 1977 — Extradition Act 2003 — Serbian domestic law

War and armed conflict — International armed conflict — Geneva Conventions on the law of armed conflict — War crimes — Protection of medical personnel and facilities — The law of England

State immunity — Claims for recovery of monies from a sovereign State — Immunity from execution of judgment — Meaning of property “in use for a commercial purpose” — Whether origin of a debt or other form of property relevant to determining its later use or intended use — State Immunity Act 1978

Relationship of international law and municipal law — United Nations Security Council Resolution 661 — United Nations Security Council Resolution 1483 — State Immunity Act 1978 — The law of England

State immunity — Exceptions to immunity — Immunity stripped from States designated as sponsors of terrorism — Waiver of exceptions — Jurisdiction — State succession — Immunity of friendly foreign State for acts of predecessor

Relationship of international law and municipal law — United States domestic law — Foreign State Immunities Act 1976 — Section 1605(a)(7) — Export Administration Act 1979 — Section 6(j) — Foreign Assistance Act 1961 — National Defense Authorization Act for Fiscal Year 2008 — Presidential waiver — General office and application of proviso clauses — Sanctions — Operation of Section 1605(a)(7) of the Foreign Sovereign Immunities Act 1976 as a sanction — Acree v. Republic of Iraq — Whether enactment of subsequent legislation altering past operation of expired legislation

War and armed conflict — Prisoners of war and civilian detainees — Treatment — Violation of international humanitarian law — Enforcement — Proceedings for compensation in national courts — Terrorism — The law of the United States

Jurisdiction — Subject-matter jurisdiction — Extraterritoriality — Merits — Relationship of international law and municipal law — United States domestic law — Securities regulations — Securities Exchange Act 1934 — Section 10(b) — Section 30 — Rule 10b-5 — Conflict of laws — Causes of action — Whether Securities Exchange Act anti-fraud provisions providing cause of action in relation to misconduct connected with securities traded on foreign exchanges — Presumption against extraterritorial application of statutes — Rebuttal of presumption against extraterritorial application — Whether clear congressional intent for extraterritorial application required to rebut presumption — Whether generic terms such as “interstate commerce” insufficient to connote intended extraterritorial application — Whether abrogation of Second Circuit effects and conduct tests appropriate — The law of the United States