Extradition — Jurisdiction — Requirement that offence for which extradition sought be within jurisdiction of requesting State — Whether court of requested State required to ascertain whether requesting State having jurisdiction over defendant — Whether requirement satisfied by establishing that offence would have been within jurisdiction of requested State — Extraditable offence — Whether specific reference required in Treaty to render offence extraditable — Whether procuring another to commit murder an extraditable offence — Extradition request from Canada to United States of America — Canada-United States Extradition Treaty, Article 2(2)

Jurisdiction — Territorial — Conspiracy — Agreement concluded by telephone — Defendant making telephone call from United States to co-conspirator in Canada — Conspirators agreeing to murder resident of the United States — Whether Canada possessing jurisdiction over defendant — Requirement that conspiracy have sufficient nexus with Canada — Whether conduct of defendant establishing sufficient nexus — The law of the United States

Extradition — Speciality — Requirement that requesting State refrain from prosecuting defendant for crimes other than those for which extradition granted — Whether requirement can be waived by requested State — Nature of principle of speciality — Whether right to insist upon speciality belongs to requested State or to defendant — Whether defendant having right to assert speciality if waived by requested State — The law of the United States

Extradition — Political offence exception — Application — Whether political offence exception applicable to illegal acts committed by former government officials — Definition of political offence — Requirement that crimes be reasonably incidental to political upheaval — Murders allegedly committed by military commander during time of political upheaval in Argentina — Murder victims not engaging in revolutionary or violent activity — Whether murders incidental to political upheaval — Whether constituting military offences — Lapse of time — Prosecution for acts after expiration of limitation period — Whether admissible — The law of the United States

Extradition — Speciality — Accused liable to be extradited to Hong Kong — Reversion of Hong Kong to People’s Republic of China in 1997 — Whether violation of speciality principle in United Kingdom — United States Extradition Treaty — Double criminality — Requirement that conduct constitute an offence under laws of both the requesting and the requested State — Extent of requirement — Whether requirement satisfied by corresponding substantive elements of offence

State succession — Treaties — Extradition treaties — Hong Kong — Reversion of sovereignty to People’s Republic of China — Effect on United Kingdom — United States Extradition Treaty — Whether Treaty containing implied guarantee by Hong Kong that any person extradited there would not be prosecuted by a successor government — The law of the United States

Extradition — Political offence — Definition — Requirement that crimes be reasonably incidental to political upheaval — Terrorist attack against civilians travelling on commercial bus in Israeli occupied territory — Whether a political offence — Whether violation of the laws of armed conflict capable of constituting a political offence

Extradition — Conditions — Allegation that accused would be ill-treated if extradited — Whether matter for courts or Executive — Whether requirement that criminal justice system of requesting State conform with due process provisions of United States Constitution — European Convention on Human Rights, 1950, Article 3 — Whether presumption that Executive only lodging extradition request with court after having satisfied itself as to adequacy of criminal justice system of requesting State

Extradition — Double criminality — Jurisdiction — Whether crime would have been within jurisdiction of requesting State — Whether Israel having jurisdiction over crimes committed against Israeli nationals in territory occupied by Israel

Extradition — Procedure — Appeals — Whether government permitted to refile application for extradition when first application rejected — Doctrine of res judicata — Whether applicable to extradition proceedings — Function of the courts in extradition proceedings — Evidence — Whether disclosing probable cause — Evidence of accomplice — Extent to which accused entitled to challenge evidence adduced by requesting State

Jurisdiction — Executive — Consequences of illegal arrest — United States authorities allegedly forcing United States national to return to United States from Venezuela — Whether constituting violation of due process provisions of United States Constitution — Whether court lacking jurisdiction over persons involuntarily before it

Jurisdiction — Principles — Territorial principle — Passive personality principle — Protected State interest principle — Jurisdiction of Israel over crimes committed against Israeli nationals in occupied territories — Whether based on territorial principle

Relationship of international law and municipal law — Treaties — Interpretation by municipal courts — United States Constitution — Whether requirement that courts interpret treaty so as to reflect principles contained in United States Constitution — Extradition treaties — Whether courts prohibited from extraditing fugitive if facing treatment or procedures in requesting State which would violate due process provisions of United States Constitution

War and armed conflict — Laws of armed conflict — Scope of application — Application of laws of armed conflict to extradition proceedings — Political offence exception — Requirement that conduct should not violate laws of armed conflict — Terrorist attack on Israeli civilians in occupied territories — First Additional Protocol to the Geneva Conventions, 1977 — Non-ratification by United States — Whether provisions of Protocol I concerning protection of civilians included in laws of armed conflict for purposes of extradition proceedings — Difference between laws of armed conflict and “rules of engagement”

Relationship of international law and municipal law — Treaties — Due process provisions of United States Constitution — Whether incorporating international laws of war into United States law — Whether including rules contained in treaty to which United States not a party — First Additional Protocol to the Geneva Conventions, 1977

War and armed conflict — Occupied territories — Jurisdiction of occupying power — Jurisdiction of Israel over crimes committed against Israeli nationals in occupied territories

Sources of international law — Treaties — Relationship between treaties and customary international law — First Additional Protocol to the Geneva Conventions, 1977 — Whether provisions concerning protection of civilians declaratory of customary international law — The law of the United States

Extradition — Political offence — Allegation that requesting State motivated by political considerations in seeking extradition — Whether a matter for Executive or courts — Definition of political offence — Requirement that crimes be reasonably incidental to political upheaval — Motive of requesting State in seeking extradition — Whether relevant in determining whether offence political — Significance of motives of the accused

Treaties — Interpretation — Comparison with similar provisions in other treaties — Extradition treaties — Whether political offence exception contained in Greece — United States Extradition Treaty to be given broader interpretation than under other extradition treaties — The law of the United States

State immunity — Jurisdictional immunity — Head of State — Whether acts performed outside scope of official duties attract immunity as acts of instrumentality of State — Acts in violation of international law — Claim by alien for wrongful death resulting from torture by security forces in foreign State — Whether international law forms part of substantive domestic law providing basis for jurisdiction of United States courts — United States Alien Tort Act — Whether providing cause of action for violation of international law or purely jurisdictional — United States Foreign Sovereign Immunities Act — The law of the United States

International organizations — United Nations — Immunity from service of process — Whether person invited by United Nations immune from service of process when outside “headquarters district” and not a designated representative of a member of the United Nations

Jurisdiction — Acts of genocide, war crimes and torture — Whether within jurisdiction of United States courts — Acts by Bosnian Serb forces against Muslim population in Bosnia-Herzegovina — Whether genocide and war crimes constitute universally recognized violations of international law for which private individuals can be held liable — Convention on the Prevention and Punishment of Genocide, 1951 — Common Article 3 of the Geneva Conventions on the Laws of War — Torture — Whether jurisdiction limited to actions concerning official torture — United States Alien Tort Act and Torture Victim Protection Act

Relationship of international law and municipal law — Human rights — Whether international law places obligations on non-State actors as well as States in respect of violation of human rights norms — Whether acts of genocide, war crimes and torture can be subject of civil proceedings in municipal courts — Whether incorporation of international law into United States federal common law vests individual with implied right of action for violation of international law norms

States — Criteria for Statehood — Unrecognized State — Self-proclaimed Bosnian Serb State — Whether customary international law related to human rights applicable to unrecognized as well as recognized States

War and armed conflict — War crimes — Jurisdiction — Whether provisions of common Article 3 of the Geneva Conventions applicable to groups of insurgents as well as States in internal conflicts — Whether private individuals liable for commission of war crimes — Former Yugoslavia — Claim against leader of Bosnian Serb forces for compensation for war crimes allegedly committed by forces under his command — The law of the United States

Jurisdiction — Territorial — Acts performed abroad by foreign national — Claims for damages against foreign Minister of Defence for personal injuries sustained abroad at hands of foreign military — Whether claim can be brought under United States Torture Victim Protection Act when events giving rise to claim pre-date statute — United States Alien Tort Act — Whether solely jurisdictional provision or also establishing right of action — Criteria for universal norm of international law for purposes of Alien Tort Act — Whether constructive deportation constitutes cruel, inhuman or degrading treatment for purposes of Alien Tort Act — The law of the United States

Sources of international law — Treaties — Charter of the International Military Tribunal, Nuremberg — Whether declaratory of customary international law — Effect on development of international law — Confirmation of the Charter by the United Nations General Assembly

War and armed conflict — War crimes — Crimes against humanity — Applicant's participation in war crimes and crimes against humanity as ground for refusing admission to Canada — Immigration Act 1985, Section 19(1)(j) — “Double criminality requirement” — Request for and supervision of forced labour by applicant in production of V-2 rocket during World War II — Whether contrary to international law at that time — Hague Convention No. IV respecting the Laws and Customs of War on Land, 1907 — Charter of the International Military Tribunal, 1945 — Whether use of forced labour constitutes aiding and abetting offence of kidnapping contrary to Canadian Criminal Code of 1927 — The law of Canada

Relationship of international law and municipal law — Treaties — Whether conferring justiciable rights on individuals in absence of implementing legislation — Legislation recognizing “treaty rights of aboriginal peoples of Canada” — Whether including international treaties concluded between sovereign States — Article III, Great Britain — United States Jay Treaty, 1794 — Whether conferring enforceable right on Canadian Indians to import commercial merchandise into Canada without duty

Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969 — Great Britain — United States Jay Treaty, 1794 — English authentic text — French translation of provision not faithful to authentic text — What reliance can be placed on translation

Treaties — Individuals — Whether treaty creating rights and obligations confers justiciable rights upon individuals resident in the contracting States — Whether contracting State has fiduciary duty towards citizens in respect of rights and obligations created under a treaty — Great Britain — United States Jay Treaty, 1794 — The law of Canada

Aliens — Refugees — Claim for refugee status — Well-founded fear of persecution — Whether State complicity in persecution required — Whether sufficient that State unable to protect citizen from persecution inflicted by private individuals — Dual nationality — Requirement that capacity of all claimant's States of nationality to protect claimant be assessed — Paramilitary organization of which claimant formerly a member ordering his death — Whether persecution by reason of membership of “a particular social group” — Whether persecution for reason of “political opinion” — Convention relating to the Status of Refugees, 1951 — Canadian Immigration Act 1985

Treaties — Interpretation — Travaux préparatoires — As guide to interpretation of municipal legislation — Convention relating to the Status of Refugees, 1951 — Canadian Immigration Act 1985 — Criteria for grant of refugee status — The law of Canada

Aliens — Refugees — Well-founded fear of persecution — Refusal to perform military service — Whether sufficient to establish well-founded fear of persecution — Serbs evading conscription in former Yugoslavia because of opposition to fighting fellow Yugoslavs — Law providing for conscription of Serbs to fight in former Yugoslavia — Probable punishment of imprisonment or execution — Relevance of condemnation by international community of military action as contrary to basic rules of human conduct — The law of Canada

State immunity — State agency — Action for damages for personal injury — Private bank acting at request of United States customs officers in undercover operation — Whether bank and its employees organs of foreign State for purposes of immunity — Plaintiff arrested in United States during stop-over of aircraft en route to Bahamas — Whether personal injury sustained within Canada — State Immunity Act 1985 — The law of Canada

Jurisdiction — Universal — Crimes against international law — War crimes — Crimes against humanity — Section 7(3.71) of the Canadian Criminal Code providing for prosecution of war criminals in Canadian courts for acts or omissions occurring outside Canada during Second World War — Whether merely jurisdictional provision or creating new offences of war crimes and crimes against humanity — International and domestic elements of offence — Roles of judge and jury — Whether acts or omissions constituted war crimes or crimes against humanity — Whether question of law for judge or question of fact for jury

Relationship of international law and municipal law — War crimes and crimes against humanity — Trial for war crimes in Canada — Canadian legislation conferring jurisdiction on Canadian courts to prosecute defendants for acts and omissions occurring outside Canada — Acts and omissions deemed to have occurred in Canada if the acts and omissions constitute war crimes or crimes against humanity and would constitute offences under Canadian law in force at time of act or omission — Accused charged under Canadian Criminal Code in respect of acts and omissions occurring in Hungary during Second World War — Whether those acts or omissions constituted war crimes or crimes against humanity under international law — Whether matter for judge or jury

War and armed conflict — War crimes and crimes against humanity — Trial by municipal court — State of mind of accused — Whether requirement that accused knew that acts or omissions constituted war crimes or crimes against humanity — Whether more stringent requirements of mens rea than for ordinary underlying domestic offences — Defence of obedience to superior orders — Municipal legislation conferring jurisdiction to try charges of war crimes and crimes against humanity — Canada — Alleged offences committed outside Canada during Second World War — Legislation deeming offences to have been committed inside Canada, provided that constituted war crimes or crimes against humanity — The law of Canada

Diplomatic relations — Immunity — Proceedings in which diplomatic agent is a necessary and proper party — Proceedings relating to acts performed by diplomatic agent in official capacity — Whether joinder of diplomatic agent as party infringes diplomatic immunity and immunity of the foreign State — Proceedings relating to funds donated by Saudi Arabia on condition that control of funds exercised jointly by ambassador and recipient of donation — Whether ambassador a necessary and proper party — Whether court bound to stay proceedings — Common law — Australian Diplomatic Privileges and Immunities Act 1967, Article 31

State immunity — Jurisdictional immunity — State agent — Funds donated by ambassador on behalf of Kingdom of Saudi Arabia on condition that control of funds exercised jointly by ambassador and recipient of donation — Whether ambassador a necessary and proper party to proceedings — Whether joinder as party in proceedings would have effect of impleading foreign State — Whether partial control over funds sufficient to base claim of immunity — Whether court bound to stay proceedings — Whether party not being the representative of the State nor its ambassador can raise issue of immunity — The law of Australia

Relationship of international law and municipal law — Treaties — Effect in domestic law — Treaty not incorporated into domestic law — International Covenant on Civil and Political Rights, 1966 (“ICCPR”) — Right to review of criminal conviction by higher tribunal — Imprisonment for contempt of court — Whether conviction for a crime — Appeal solely by way of application for special leave to appeal — Whether a “review” for purposes of Article 14(5) ICCPR — The law of Australia

Territory — Sovereignty — Recognition of State's claim to sovereignty over territory — Self-determination — East Timor — Australian recognition of Indonesian claims to East Timor

Jurisdiction — Non-justiciability — Whether courts can consider propriety of Executive's recognition of a foreign State's claim to sovereignty to a territory — Recognition by Australia of Indonesia's claim to sovereignty over East Timor

Relationship of international law and municipal law — Treaties — Allegation that treaty inconsistent with international law and with State's international obligations — Whether rendering legislation enacted to implement that treaty invalid — Whether Legislature's competence to legislate on external matters subject to international law and State's international obligations — Australia-Indonesia Treaty establishing zone of cooperation in Timor Gap — Whether enabling legislation invalid — The law of Australia

Relationship of international law and municipal law — Treaties — Effect in municipal law — Treaty ratified but not incorporated into municipal law — Whether having any effect in municipal law — Whether creates legitimate expectation that government agencies will conform with principles of an unincorporated treaty — Rejection of application for resident status and order for deportation from Australia — Claim that deportation would create hardship for children of the family — United Nations Convention on the Rights of the Child, 1989 — Whether legitimate expectation that principles of Convention will be applied when determining application for resident status

Treaties — Ratification — Effect in municipal law — Whether ratification constitutes statement to citizens as well as international community that a State will comply with standards contained in treaty — Whether ratification can give rise to legitimate expectation on part of citizens that treaty principles will be applied in administrative decision-making process — Treaties as aids to interpretation of municipal statutes — As guides to development of common law — The law of Australia