Horgan v. An Taoiseach and Others

Abstract

War and armed conflict — Neutrality — Whether law of neutrality still part of international law — Movement of troops and munitions by belligerent through territory of neutral State — Whether neutral State obliged to prevent — Justiciability of obligations in national court

War and armed conflict — Use of force — Prohibition of use of force in international relations — United Nations Charter, 1945, Article 2(4) — Jus cogens status — Whether requiring Ireland to prevent passage of United States forces through Irish territory on the way to Iraq — Constitution of Ireland, Article 29

Relationship of international law and municipal law — In general — Whether rules of international law yield to municipal law in case of conflict — Justiciability of international law obligations in municipal courts — The law of Ireland