State responsibility — Acts and omissions of State organs and officials — Duty to provide diplomatic protection to nationals in relation to foreign States — Discretionary nature of duty — Scope of judicial review
States — Conduct of foreign relations — Attempt to secure release of war criminal sentenced by International Military Tribunal — Proceedings instituted by individual to require his State of nationality to take more effective measures at international level to obtain his release
War and armed conflict — Enforcement of the laws of war — Crimes against peace — Charter of the International Military Tribunal, 1945 — Execution of sentences on war criminals — Imprisonment in Allied Military Prison in Spandau-Berlin — Prolonged detention of Rudolf Hess — Scope of duty of Federal Republic of Germany to seek to obtain his release — Division of responsibilities for detention between Federal Republic and Four Allied Powers
International organizations — United Nations — Powers — United Nations Charter 1945, Article 107 — Execution of sentences on war criminals handed down by International Military Tribunal — Prolonged imprisonment of Rudolf Hess in Allied Military Prison in Spandau-Berlin — Whether Article 107 of Charter precludes reference to organs of the United Nations of dispute over continued imprisonment — Division of responsbilities for imprisonment between Federal Republic of Germany and Four Allied Powers — Lack of appropriate forum for settlement of dispute
States — Continuity of States — Status of Germany after 1945 — Status of Berlin — Allied Military Prison in Spandau-Berlin — Division of responsibilities between Four Allied Powers and Federal Republic of Germany
Human rights — Punishment of crimes against peace — Prolonged imprisonment of war criminal convicted by International Military Tribunal — Attempt to obtain release on humanitarian grounds — Advanced age and fragile health — Scope of duty of Federal Republic of Germany to seek to obtain release — Delay in proceedings instituted before municipal courts to require Federal Republic to take more effective measures to obtain release — Right to hearing and decision within a reasonable time — Justifiable delay — The law of the Federal Republic of Germany
