R. v. Mafart and Prieur

Abstract

State territory — In general — Nature of territorial sovereignty — Violation of territorial sovereignty — Clandestine operations conducted by agents of one State upon territory of another — Compensation

State responsibility — Nature and kinds of — For breaches of treaty obligations — Violation of Article 2(4) of the Charter of the United Nations — Ship sunk and crewman killed by agents of one State in the territory of another — Responsibility of State whose agents carried out the attack

State responsibility — Claims — Nationality of claims — Ship sunk and crewman killed by agents of one State in territory of another — Right of State in which sinking occurred to claim — Deceased possessing nationality of third State — Ship flying flag of third State — Ship owned by nationals of third State

State responsibility — Damages — Award of damages in general — Grounds for awarding damages — Infringement of territorial sovereignty — Whether ground for award of damages — Whether State whose territory violated entitled to damages for violation as well as for material loss

Disputes — Miscellaneous — Reference of dispute between States to Secretary-General of the United Nations — Binding quality of ruling — Procedure

State responsibility — Nature and kinds of — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Executive action — Infringement of territory of State carried out by agents of foreign State — Clandestine operations in territory of other State — Sinking ship by placing explosives — Violation of territorial sovereignty — Violation of Charter of the United Nations — International responsibility

Claims — Damages — Whether State entitled to damages for infringement of territorial sovereignty as well as for material loss — Nationality of claims — State in whose territory attack occurred not entitled to claim for death of foreign national or damage to foreign ship — Whether entitled to take interest in settlement of such claims in context of overall settlement of inter-State claims

Criminal responsibility of individual State agents — Whether guilty of terrorist acts — Plea of superior orders — Principles in imposing prison sentences — Release as part of overall settlement — The law of New Zealand

Disputes — Miscellaneous methods of settlement — Reference to United Nations Secretary-General — Binding force of ruling — Procedure