Human rights — Right to property — Right to respect for home — Greek Cypriot applicant having home, property and possessions in northern Cyprus — Turkish military forces occupying northern Cyprus in August 1974 — Proclamation of “Turkish Republic of Northern Cyprus” — Turkish military forces forcing applicant to abandon her home, property and possessions — Applicant prevented from having access to, use and enjoyment of her home, property and possessions — Applicant lodging application with European Court of Human Rights — Admissibility of case — Whether Turkey lacking jurisdiction ratione temporis and ratione loci — Whether applicant lacking victim status — Whether applicant exhausting domestic remedies — Whether domestic remedy effective or adequate — Whether examination on merits required — Loizidou v. Turkey — Cyprus v. Turkey — Whether Turkey violating Article 8 of European Convention on Human Rights, 1950 and Article 1 of Protocol No 1

State responsibility — Human rights — Applicant alleging violations of her property rights under European Convention on Human Rights, 1950 — Alleged violations occurring within “Turkish Republic of Northern Cyprus” — Whether Turkey liable for alleged violations — Loizidou v. Turkey — Cyprus v. Turkey — Whether any changes since judgments adopted — Whether Turkey continuing to exercise overall military control over northern Cyprus — Whether any reasons to depart from conclusions in those cases

States — Recognition — Entity proclaimed as State — Proclamation condemned by United Nations Security Council — Entity recognized as State only by one government — Turkish Republic of Northern Cyprus — Whether all acts of unrecognized entity to be denied effect

Damages — Pecuniary and non-pecuniary damage — Redress for violations of rights under European Convention on Human Rights, 1950 — New remedy proposed by Turkey — Whether new compensation and restitution mechanism satisfying requirements — Failure by parties to reach agreement on just satisfaction — Losses emanating from denial of access and loss of control, use and enjoyment of applicant’s property — Equitable assessment of compensation for applicant

War and armed conflict — Occupation — Turkish intervention in Cyprus in 1974 — Turkish military forces displacing Greek Cypriot applicant from her property in northern Cyprus — Applicant prevented from accessing, using and enjoying her home, property and possessions — Whether Turkey violating applicant’s rights under Article 8 of European Convention on Human Rights, 1950 and Article 1 of Protocol No 1 — Whether violation continuing — United Nations Annan Plan for re-unification of Cyprus — Rejection of Annan Plan by Greek Cypriots — Whether having legal consequences for rights of displaced persons

Human rights — Exhaustion of domestic remedies — European Convention on Human Rights, 1950 — Article 35(1) — Admissibility of applicants’ complaints — Whether obligation of Turkey to exhaust domestic remedies applying to situation of Greek-Cypriot property owners under control of the Turkish Republic of Northern Cyprus — Whether applicants required to exhaust a remedy which came into effect after lodging of their applications — Whether Turkish Republic of Northern Cyprus compensation law part of Turkish domestic law — Whether obligation to exhaust domestic remedies in light of administrative practice of ongoing violations of applicants’ rights — Whether exhaustion of domestic remedies lending legitimacy to an illegal occupation — Whether requirement to exhaust domestic remedies in respect of acts in violation of applicants’ rights outside Respondent State’s lawful jurisdiction

Human rights — Exhaustion of domestic remedies — European Convention on Human Rights, 1950 — Article 35(1) — Admissibility of applicants’ complaints — Whether Respondent State furnishing a remedy in the Immovable Property Commission capable of effective redress for violations of property rights — Adequacy of redress — Independence and impartiality of members of Immovable Property Commission — Adequacy of compensation — Accessibility and efficiency of remedy

Human rights — Right to property — Right to respect for home — European Convention on Human Rights, 1950, Protocol No 1, Article 1 and Article 8 — Deprivation of property — Whether claims admissible without having recourse to domestic remedy available

States — Recognition — Entity proclaimed as State — Proclamation condemned by United Nations Security Council — Entity recognized as State only by one government — Turkish Republic of Northern Cyprus — Whether all acts of unrecognized entity to be denied effect

International criminal law — Crimes against humanity — Violations of the laws or customs of war — Statute of the International Criminal Tribunal for the former Yugoslavia — Geneva Conventions — Common Article 3 — Retrial — Joint criminal enterprise — Requirements — Common purpose — Evidence required to sustain finding of joint criminal enterprise — Individual criminal responsibility — Direct and circumstantial evidence — Murder — Torture — Persons taking no active part in hostilities

International tribunals — International Criminal Tribunal for the former Yugoslavia — Jurisdiction — Residual clause — Retrial — Witness credibility

War and armed conflict — Armed conflict — Non-international armed conflict — Definition — Existence of armed conflict in Kosovo in 1998 — Intensity of fighting — Organization of armed groups — De facto and de jure control — Detainees — Protected persons — Civilians

Aliens — Refugees — United Nations Convention relating to the Status of Refugees, 1951 — Exclusion from definition of refugee — Article 1F(b) — Interpretation — Whether there were serious reasons for considering that the appellant committed a serious non-political crime — Whether there was a rational foundation for the inference that the appellant committed a serious non-political crime — Whether evidence was logically probative of serious reasons for considering that the appellant committed a serious non-political crime — The law of Australia

Relationship of international law and municipal law — Treaties — Application — Implementation — Human rights treaties — Nepal party to principal human rights instruments — International human rights law — International humanitarian law — Comprehensive Peace Accord ending civil war in Nepal — Interim Constitution of Nepal 1997, Article 33 — Nepal Treaty Act 1990, section 9(1) — Nepalese Supreme Court directive orders — Decisions of regional Human Rights Courts — Serious human rights violations committed during Nepalese conflict — Enforced disappearances — Constitution providing for establishment of Truth and Reconciliation Commission — Ordinance on Investigation of Disappeared People, Truth and Reconciliation Commission — Whether single Commission appropriate — Whether separate Commission to be established to investigate enforced disappearances — Whether restrictions on criminal prosecutions and executive discretion lawful — Ordinance giving Commission power to grant amnesty for serious human rights violations — Prohibition on amnesties for serious human rights violations under international law — Rights of victims under Constitution — Constitutionality of Ordinance — Whether sections 13, 23, 25 and 29 of Ordinance consistent with Articles 12, 13, 26 and 32 of Constitution — Whether Ordinance in breach of Nepal’s international legal obligations — Whether orders of certiorari and mandamus requested by petitioners to be issued

Human rights — Gross human rights violations committed during civil war in Nepal — Enforced disappearances — Nepali people seeking justice, truth and reparation — Amnesty — Rights of victims to justice — Right to freedom — Right to equality — Right to a fair trial — Right to remedy — Transitional justice mechanisms — Interim Constitution of Nepal 1997 — Constitution providing for establishment of Truth and Reconciliation Commission — Ordinance on Investigation of Disappeared People, Truth and Reconciliation Commission — Whether single Commission appropriate — Whether separate Commission to be established to investigate enforced disappearances — Whether restrictions on criminal prosecutions and executive discretion lawful — Ordinance giving Commission power to grant amnesty for serious human rights violations — Whether serious human rights violations subject to amnesty — Prohibition on amnesties for serious human rights violations under international law — Constitutionality of Ordinance — Whether sections 13, 23, 25 and 29 of Ordinance consistent with Articles 12, 13, 26 and 32 of Constitution — Whether Ordinance in breach of Nepal’s international legal obligations

War and armed conflict — Civil war in Nepal 1996-2006 — Commission of serious human rights violations during conflict — Enforced disappearances — Comprehensive Peace Accord — Interim Constitution of Nepal 2007 — Provision for establishment of Truth and Reconciliation Commission — Transitional justice in Nepal — Ordinance on Investigation of Disappeared People, Truth and Reconciliation Commission — Whether single Commission appropriate — Whether separate Commission to be established to investigate enforced disappearances — Whether restrictions on criminal prosecutions and executive discretion lawful — Ordinance giving Commission power to grant amnesty for serious human rights violations — Whether Ordinance consistent with Constitution — Whether Ordinance in breach of Nepal’s international legal obligations — The law of Nepal

Environment — Climate change — Rising sea levels — Threat to certain States — Nature of international law obligations — Whether person from threatened State entitled to refugee status

Human rights — Economic and social rights — Climate change — Whether requiring person to return to country threatened by climate change would violate human rights

Aliens — Refugees — United Nations Convention relating to the Status of Refugees, 1951 — Article 1A(2) — Definition of a refugee — Recognition as a refugee — Meaning of persecution — Whether climate change provides grounds for recognition as a refugee — Indiscriminate impact of environmental change — Environmental degradation and refugee status — Human agency and climate change — The law of New Zealand

International organizations — United Nations — United Nations Security Council — Chapter VII of the Charter of the United Nations — Resolution 661 — Resolution 1330 — Sanctions against Iraq — Obligations on States to give effect to resolutions — Nature of resolutions imposing sanctions — Ongoing sanctions

Relationship of international law and municipal law — United Kingdom domestic law — United Nations Act 1946 (United Kingdom) — Emergency Laws (Re-enactments and Repeals) Act 1964 — Iraq and Kuwait (United Nations Sanctions) Order 1990 — Iraq (United Nations Sanctions) Order 2000 (United Kingdom) — Temporal limitations on order-making powers — Implementation of sanctions resolution of the Security Council — The law of England

Human rights — Right to liberty and security of person — Rule of law — Good governance — Need for legal certainty

International organizations — United Nations — United Nations Security Council — Resolution 661 — Resolution 1483 — Resolution 1546 — Sanctions against Iraq — Obligations on States to give effect to resolutions

Relationship of international law and municipal law — United Kingdom domestic law — Import, Export and Customs Powers (Defence) Act 1939 (United Kingdom) — United Nations Act 1946 (United Kingdom) — Interpretation Act 1979 (United Kingdom) — Export Control Act 2002 (United Kingdom) — Export of Goods (Control) Order 1994 (United Kingdom) — Iraq (United Nations Sanctions) Order 2000 (United Kingdom) — Export Control Act (Commencement & Transitional Provisions) Order 2003 — Iraq (United Nations Sanctions) Order 2003 (United Kingdom) — Export of Goods Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 (United Kingdom) — Interpretation of provisions in case of error — Application of Inco Europe principles to substantive criminal provisions — Automatic amendment to domestic provisions in case of new or amended United Nations Security Council Resolutions — The law of England

War and armed conflict — British soldiers killed and injured while on active service in Iraq — Claims against Ministry of Defence — Claims in negligence in common law — Whether Ministry of Defence having duty of care to soldiers to equip and train properly — Applicability of combat immunity doctrine — Whether fair, just or reasonable to impose duty of care on Ministry of Defence — Claims under Article 2 of European Convention on Human Rights, 1950 — Whether Ministry of Defence in breach of soldiers’ right to life — Whether, at time of their deaths, British soldiers on active service abroad within jurisdiction of the United Kingdom for purposes of Article 1 of European Convention — Whether Ministry of Defence in breach of duty of care under common law of negligence and under Article 2 of European Convention

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Jurisdiction of United Kingdom under Article 1 of European Convention — Whether extended to securing protection of Article 2 to British soldiers serving outside United Kingdom territory — Strasbourg jurisprudence — Decision of Grand Chamber in Al-Skeini v. United Kingdom — Domestic jurisprudence — Catherine Smith case — Whether majority view in Catherine Smith case could be maintained — Council of Europe recommendations — Whether Ministry of Defence having duty of care to soldiers under Article 2 of European Convention

Human rights — Nature and scope of human rights treaties — European Convention on Human Rights, 1950 — Article 1 — Duty of parties to secure the rights and freedoms under the European Convention to persons within their jurisdiction — Extent of jurisdiction — Jurisdiction essentially territorial — Extra-territorial applications requiring special justification — Whether British soldiers on active military service in Iraq within jurisdiction of United Kingdom at time of their deaths — Whether Ministry of Defence having duty of care under Article 2 of European Convention

Jurisdiction — Concept of jurisdiction in international law — Jurisdiction primarily territorial — Extra-territorial jurisdiction — Exceptional circumstances — State agent authority and control — Whether British soldiers on active service abroad within United Kingdom jurisdiction for purposes of Article 1 of European Convention on Human Rights, 1950 at time of their deaths — Whether Ministry of Defence having duty to soldiers under Article 2 of European Convention

Human rights — Right to life — Article 2 of European Convention on Human Rights, 1950 — Substantive obligations — Application of Convention rights — Whether possible or appropriate — Whether courts could question operational decisions made on ground — Whether more appropriate for procurement decisions to be resolved politically — Strasbourg jurisprudence — Policy issues — Allegations of systemic and operational failures on part of Ministry of Defence — Whether Ministry of Defence breaching implied positive obligation under Article 2 of European Convention — Wide margin of appreciation given to authorities — Factual context and evidence — Whether Ministry of Defence in breach of soldiers’ right to life

War and armed conflict — British soldiers killed and injured while on active service in Iraq — Whether claims in negligence against Ministry of Defence could proceed to trial — Doctrine of combat immunity — Whether applicable — Whether just, fair and reasonable to impose duty of care on Ministry of Defence in circumstances of case — The law of England

Human rights — Prohibition of torture and inhuman or degrading treatment or punishment — Article 3 of European Convention on Human Rights, 1950 — Statutory scheme established by Parliament for sentencing adult guilty of murder — Power of judge to impose whole life order under Criminal Justice Act 2003 — Regime for reducibility — Power of Secretary of State under section 30 of Crime (Sentences) Act 1997 — Strasbourg jurisprudence — Vinter v. United Kingdom — Just punishment for heinous crimes — Margin of appreciation for States — Whether statutory scheme established by Parliament compatible with Article 3 of European Convention on Human Rights, 1950

Treaties — European Convention on Human Rights, 1950 — Interpretation — Scope — Article 3 of European Convention prohibiting torture and inhuman or degrading treatment or punishment — Article 3 of European Convention as interpreted by Strasbourg Court — Statutory scheme enacted by Parliament for sentencing an adult guilty of murder — Provision for imposition of whole life order — Power of Secretary of State to reduce sentence — Strasbourg jurisprudence — Vinter v. United Kingdom — Whether English judge having power to impose whole life order as just punishment — Whether power of Secretary of State providing prospect of release and possibility of review of life sentence — Compatibility of statutory scheme with Article 3 of European Convention on Human Rights, 1950

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Strasbourg jurisprudence — Human Rights Act 1998, section 2 — Duty of English court to take into account judgment of Strasbourg Court — Vinter v. United Kingdom — English law giving judge power to impose whole life order as just punishment for heinous crimes — Whether Vinter judgment seeking to impugn provisions of Criminal Justice Act 2003 — Regime for reducibility under English law — English cases concluding regime for reducibility compatible with Article 3 of European Convention — Vinter subsequently concluding regime for reducibility under English law incompatible with Article 3 — Whether power of Secretary of State to reduce sentence regime for reducibility compatible with Article 3 of European Convention — Whether English judges to continue to apply statutory scheme — The law of England