War and armed conflict — Enforcement of international humanitarian law — Genocide Convention, 1948, Geneva Conventions, 1949, Torture Convention, 1984, and Statute of the International Criminal Tribunal for the former Yugoslavia, 1993 — French Law of 1995 incorporating provisions of Statute of International Tribunal into domestic law — Whether presence of accused on French territory required for prosecution where alleged victims present in France

Jurisdiction — Universal — Genocide and other crimes against international law — French Law providing for universal jurisdiction only where accused present on French territory

Relationship of municipal law and international law — Crimes against international law — Punishment of crimes by municipal courts — Whether prosecution possible in absentia where crimes were not committed on territory of State seeking to exercise jurisdiction — The law of France

State immunity — Jurisdiction — Head of State — Criminal charges — Whether commission of genocide or other crimes against international law precluding Head of State from relying on State immunity — Statute of International Criminal Court, 1998 — Principle that immunity attaching to official capacity of person shall not bar exercise of jurisdiction — Whether taking precedence over rule of customary international law concerning jurisdictional immunity

War and armed conflict — Enforcement of international humanitarian law — Genocide Convention, 1948, Geneva Conventions, 1949 and Statute of the International Criminal Court, 1998 — Belgian Law of 1993 incorporating provisions of Conventions into domestic law — Whether presence of accused on Belgian territory required for prosecution where alleged crimes committed abroad

Jurisdiction — Universal — Genocide and other crimes against international law — Belgian Law providing for universal jurisdiction over genocide, war crimes and crimes against humanity — Whether compatible with jus cogens and reflecting contemporary international treaty practice

Relationship of municipal law and international law — Crimes against international law — Punishment of crimes by municipal courts — Whether prosecution possible in absentia where crimes were not committed on territory of State seeking to exercise jurisdiction — The law of Belgium

State immunity — Jurisdiction — Head of state — Scope of immunity of former Head of State — Whether commission of crimes against humanity or other crimes against international law precluding former Head of State from relying on State immunity

War and armed conflict — Enforcement of international humanitarian law — Geneva Conventions, 1949, and Additional Protocols, 1977 — Belgian Law of 1993 incorporating provisions of Conventions and Protocols into domestic law — Requirement of existence of international or internal armed conflict

Relationship of municipal law and international law — Crimes against international law — Punishment of crimes against humanity by municipal courts — Whether such crimes forming part of customary international law and jus cogens — Whether such crimes automatically incorporated into domestic legal order — Whether any requirement that crimes against humanity be committed during an armed conflict — Inapplicability of statutory limitation of prosecution for crimes against humanity — Whether now recognized as a rule of customary international law evidenced by international treaties

Jurisdiction — Universal — Crimes against humanity — United Nations General Assembly Resolution 3074 of 3 December 1973 on international cooperation in punishment of crimes against humanity — Whether now recognized as enshrining rule of customary international law on universal jurisdiction over such crimes — Whether such rule automatically binding in domestic legal order — The law of Belgium

International criminal law — Jurisdiction — Principle of universality — Crimes against humanity — Whether crimes of universal jurisdiction

Jurisdiction — Universal — Crimes against humanity — United Nations General Assembly Resolution 3074 of 1973 — Whether now recognized as enshrining rule of customary international law on universal jurisdiction over such crimes — Conditions for establishment of rules of customary international law

Relationship of municipal law and international law — Treaties — Crimes against international law — Convention against Torture and other Inhuman or Degrading Treatment, 1984 — Articles 4 and 5 — Provisions on jurisdiction of municipal courts — Whether automatically incorporated into municipal legal order or requiring specific implementing legislation — Conditions for direct applicability of treaty provisions — The law of Luxembourg

War and armed conflict — Enforcement of the laws of war — War crimes and crimes against humanity — London Charter of the International Military Tribunal, 1945, Article 6(b) and (c) — Distinction between war crimes and crimes against humanity — Whether crimes against humanity confined to crimes motivated by racial or religious factors — Whether torture and ill-treatment of members of French Resistance capable of constituting a crime against humanity, as well as a war crime — Time-limits under French law for prosecution of war crimes

War and armed conflict — Crimes against humanity — Definition — International criminal law — Effect in municipal legal order — Jurisdiction of municipal courts — Whether prosecution of crimes against humanity subject to statutory time-limits

Jurisdiction — Irregular return to State of trial — Defendant deported to State of which he was not a national — Receiving State wishing to charge him with crimes against humanity — No extradition treaty between returning and receiving States — Whether circumstances of defendant’s return a bar to prosecution

Jurisdiction — Universal — Crimes against international law — Crimes against humanity — Jurisdiction of municipal courts

Extradition — Conditions — Return of fugitive offender other than by extradition — Whether disguised extradition — Whether a bar to prosecution in receiving State

Human rights — Punishment of crimes against humanity — Whether any right to benefit of statutory limitation of prosecution — Whether guaranteed by Articles 7(2) and 60 of European Convention on Human Rights, 1950, or Article 15(2) of International Covenant on Civil and Political Rights, 1966

Relationship of municipal law and international law — Crimes against international law — Punishment of crimes against humanity by municipal courts — International criminal order — Abolition of frontiers — Inapplicability of statutory limitation of prosecution — Principles of law recognized by the community of nations — Integration into municipal legal system — Treaties — Interpretation by the executive — The law of France