State immunity — Jurisdictional immunity — Customary law obligation to accord immunity — Acta jure imperii and acta jure gestionis — Civil action against State in respect of war crimes and crimes against humanity — Acts having status of acta jure imperii — Territorial tort exception to immunity — Whether applicable to acts of armed forces in conduct of armed conflict — Whether immunity set aside in case of grave illegalities — Jus cogens — Whether immunity available where State accused of violation of jus cogens

Human rights — Access to court — Limitations — Access to court restricted by doctrine of State immunity — Whether constitutionally legitimate

War and armed conflict — War crimes — Crimes against humanity — Occupied territory — Civilian population — Deportation — Concentration camp — The law of Slovenia

Relationship of international law and municipal law — International Criminal Court (ICC) — Obligation to arrest and surrender person subject of ICC arrest warrant — South Africa — Implementation of Rome Statute of the International Criminal Court Act 2002 — Whether prevailing over head of State immunity under customary international law

State immunity — Head of State — Whether head of State enjoying immunity from arrest in terms of customary international law — South Africa — Provisions of Section 4(1) of Diplomatic Immunities and Privileges Act 2001 (DIPA) — Whether immunity existing by virtue of hosting agreement concluded with African Union and ministerial proclamation under Section 5(3) of DIPA

International criminal law — International Criminal Court — Arrest warrants — Duty of State Party to Rome Statute to implement arrest warrant — Whether prevailing over customary international law on immunity of head of State — The law of South Africa

State immunity — Head of State — Basis for immunity — Functional basis — Affront to dignity — Former head of State — Whether former head of State entitled to immunity in respect of private acts — Estate of deceased head of State — Whether distinction between immunity accorded to living former head of State and estate of deceased head of State — State Immunity Act 1978, Section 20 — Customary international law

Relationship of international law and municipal law — Customary international law — Statute intended to give effect to requirements of customary international law — Need to interpret statute in accordance with customary international law — Immunities of deceased head of State — The law of England