International organizations — Officials — Immunity — European Patent Organization — Officials who are also nationals of host State — Entitlement to immunity from domestic taxation — Protocol on the Privileges and Immunities of the European Patent Organization, 1973, Article 16 — Whether conflicting with provisions of domestic tax law of host State — The law of the Netherlands

International organizations — Immunity — Jurisdictional immunity — Nature and scope — Rationale for granting of immunity to international organizations — Absence of headquarters agreement with host State — Whether organization entitled to immunity under customary international law — Whether host State having power to confer immunity — Distinction between State immunity and immunity of international organizations — Immunity of international organizations limited to acts and relationships connected with essential functions of the organization — Employment relationships — Criteria for determining which employment relationships covered by jurisdictional immunity — Employee performing duties essential to tasks of international organization — Iran-United States Claims Tribunal — Interpreter — Whether performing essential task for Tribunal

International tribunals — Iran-United States Claims Tribunal — Status in the Netherlands — Immunity from jurisdiction of Netherlands courts — Whether entitled to same immunity as an international organization

Sources of international law — Treaties — European Convention on State Immunity, 1972 — Whether declaratory of existing rules of international law — Whether criteria for immunity contained in its provisions applicable to international organizations — Custom — Treaty practice as evidence of customary international law — Immunity of international organizations — Whether existing under customary international law — The law of the Netherlands

International organizations — Immunity — Jurisdictional immunity — Nature and scope — Treaty establishing international organization — No provision for immunity from jurisdiction — Whether organization entitled to immunity under customary international law — Whether right to immunity derived from transfer of sovereignty from Member States — Immunity limited to acts performed in exercise of public functions of organization — Contract of employment — Criteria for determining whether termination of employment covered by jurisdictional immunity — Staff regulations — Validity of staff regulations restricting jurisdiction of national courts

International organizations — Immunity — Waiver — Discontinuance of waiver — Treaty providing for jurisdiction of national courts over employment disputes between international organization and its staff — Treaty also permitting international organization to issue staff regulations — Staff regulations restricting forum for employee disputes to administrative tribunal — Effect on waiver provision of Treaty — Whether staff regulations constituting unlawful modification of Treaty — The law of the Netherlands

Diplomatic relations — Immunity — Diplomatic agent — Commission of crime in territory of third State — Whether entitled to immunity from criminal jurisdiction — Waiver — Whether diplomat entitled to waive immunity from criminal jurisdiction — Whether waiver exclusive prerogative of sending State — Vienna Convention on Diplomatic Relations, 1961, Articles 32, 39 and 40 — The law of the Netherlands

State immunity — Jurisdictional immunity — Police authority of foreign State — National of forum State agreeing to sell narcotics to undercover police officer of foreign State — Agreement concluded in forum State — Undercover police officer acting without acquiescence of forum State — Action against foreign State for unlawful entrapment and prosecution — Whether foreign State entitled to immunity — Distinction between sovereign and non-sovereign acts

State responsibility — Acts and omissions of State organs and officials — Duty to provide diplomatic protection to nationals in foreign State — Whether duty existing under customary international law

Jurisdiction — Executive jurisdiction — German police officer engaged in undercover operations in the Netherlands — German authorities failing to obtain consent of the Netherlands

States — Conduct of foreign relations — Attempt to secure repatriation of national held in custody by foreign State — Trial pending for drug trafficking offences — National allegedly unlawfully entrapped into committing offences in foreign State — Proceedings instituted by national against State of nationality requiring it to secure his extradition from foreign State — Whether State under a duty to seek extradition

Sources of international law — Treaties — Relationship between treaties and customary international law — European Convention on State Immunity, 1972 — Whether declaratory of international law — The law of the Netherlands

Diplomatic relations — Protection of embassy premises — Occupation of Surinamese Embassy in the Hague by protesters — Duty of receiving State to protect embassy — Court not entitled to question decision of Executive to allow Surinam to open embassy — The law of the Netherlands

State immunity — Jurisdictional immunity — Employment dispute — Embassy employee — National of receiving State employed as secretary — Action for wrongful dismissal — Whether foreign State entitled to jurisdictional immunity — Nature of employment relationship — Distinction between sovereign and non-sovereign activities

Diplomatic relations — Immunity — Locally recruited employees — Action for wrongful dismissal — Whether sending State entitled to immunity — Status of embassy premises — Whether part of the territory of receiving State

Jurisdiction — Territorial — Foreign embassy — Whether embassy within territory of receiving State — Whether municipal courts of receiving State having jurisdiction over dispute regarding employment in embassy — The law of the Netherlands

State immunity — Jurisdictional immunity — Tort — Alleged failure by foreign State to provide medical insurance for consular employee — Whether constituting a tortious omission — Whether foreign State entitled to sovereign immunity from jurisdiction — Distinction between acts performed jure imperii and jure gestionis — The law of the Netherlands

State immunity — Attachment and execution — Embassy bank account — Judgment creditor seeking to levy execution against foreign State by attachment of bank account — Statement by foreign State that funds in bank account used to defray embassy expenses — Whether bank account liable to attachment — Conclusiveness of statement by foreign State

Relationship of international law and municipal law — Customary international law — Application by municipal courts — Practice and opinions of the Executive concerning customary international law — Whether binding on municipal courts

Diplomatic relations — Immunity — Embassy bank account — Account in use for defraying running expenses of embassy — Whether subject to execution in receiving State — The law of the Netherlands

State immunity — Jurisdictional immunity — Public official of foreign State — Captain of warship — Tort — Authorization by captain for performance of salvage work — Allegation that captain exceeded his authority — Whether captain entitled to immunity as official of foreign State — Whether captain’s action constituting sovereign or non-sovereign activity — Whether captain entitled to immunity under NATO Status of Forces Agreement, 1951

Sea — Territorial waters — Breadth and delimitation of maritime belt — Baselines — Baseline from which territorial waters measured — Application of principles established by International Court of Justice

Relationship of international law and municipal law — Treaties — Effect in municipal law — Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil and Commercial Matters, 1965, Article 13 — Whether Convention permitting foreign State to refuse service of writ on State official — Whether refusal by State to allow service of writ on State official nullifying writ under national law — The law of the Netherlands

State immunity — Attachment and execution — Bankruptcy petition — Judgment creditor seeking to levy execution against foreign State by petitioning for foreign State to be declared bankrupt — Whether foreign State entitled to immunity from bankruptcy proceedings — Whether bankruptcy impeding foreign State’s ability to perform diplomatic functions and thereby infringing its sovereignty

Diplomatic relations — Interference with performance of diplomatic functions — Declaration by court of receiving State that sending State bankrupt — Whether affecting sending State’s ability to perform diplomatic functions — The law of the Netherlands

Consular relations — Immunity — Consul — Immunity from civil proceedings — Dispute relating to administration of estate of national of sending State — Unauthorized removal by third party of valuables belonging to plaintiff and estate of deceased — Valuables given to Consul for safe-keeping pending administration of estate — Refusal by Consul to return valuables to plaintiff — Whether Consul entitled to immunity from jurisdiction — Whether Consul acting in performance of official functions — Vienna Convention on Consular Relations, 1963, Articles 43 and 5(g)

Consular relations — Archives — Inviolability — Whether savings books given to Consul for safe-keeping constituting consular archives — Vienna Convention on Consular Relations, 1963, Article 33 — The law of the Netherlands

State immunity — Jurisdictional immunity — Employment dispute — Embassy employee — National of receiving State employed as secretary — Contract of employment subject to satisfactory security clearance — Dismissal of employee on security grounds — Action for wrongful dismissal — Whether foreign State entitled to jurisdictional immunity — Nature of employment relationship — Necessity for foreign embassy to maintain adequate security practices in order to perform diplomatic functions — Distinction between sovereign and non-sovereign activities

Sources of international law — Treaties — Relationship between treaties and customary international law — European Convention on State Immunity, 1972 — Whether declaratory of existing rules of international law — International Law Commission Draft Articles on Jurisdictional Immunities of States and their Property, 1986 — Whether constituting evidence of customary international law

Diplomatic relations — Immunity — Locally recruited employee — Action for wrongful dismissal — Whether defendant State entitled to immunity — The law of the Netherlands

Human rights — Arrest and detention — Right to life — Torture and ill-treatment — Arbitrary execution — Political opposition — International Covenant on Civil and Political Rights, 1966

International tribunals — Procedure — United Nations Human Rights Committee — Optional Protocol to the International Covenant on Civil and Political Rights, 1966 — Communication alleging violations of Covenant — Joinder of similar communications — Admissibility criteria — Parallel examination by another international quasi-judicial tribunal — Exhaustion of domestic remedies — Reparation by State party — Obligation to investigate violations and prosecute those found responsible — Compensation to victims' families

Human rights — Freedom of conscience — Military service — Alternative service — Conscientious objection — Fair hearing — Written procedure — Imprisonment — Compensation for unjust detention — Equity — International Covenant on Civil and Political Rights, 1966

International tribunals — Procedure — United Nations Human Rights Committee — Optional Protocol to the International Covenant on Civil and Political Rights, 1966 — Communication alleging violations of Covenant — Exhaustion of domestic remedies — Election of remedies — Extraordinary remedy

Human rights — Freedom of conscience — Military service — Alternative civilian service — International Covenant on Civil and Political Rights, 1966

International tribunals — United Nations Human Rights Committee — Procedure — Optional Protocol to the International Covenant on Civil and Political Rights, 1966 — Competence ratione materiae — Admissibility of communication considered proprio motu by Committee

Human rights — Arrest and detention — Conditions of detention — Trial of civilian by military court — Habeas corpus — Fair hearing — Equality of arms — Examination of witnesses — Ill-treatment of detainees — Delay in proceedings — Amnesty — International Covenant on Civil and Political Rights, 1966

International tribunals — Procedure — United Nations Human Rights Committee — Optional Protocol to International Covenant on Civil and Political Rights, 1966 — Communication alleging violations of Covenant — Communication submitted by relative of victim — Joinder of victim as co-author of communication after release from prison — Events prior to entry into force of Covenant — State party’s duty to investigate — Exhaustion of domestic remedies — Burden of proof — Sufficiency of State party’s reply — Admissibility ratione materiae and ratione temporis

Human rights — Arrest and detention — Banishment — Freedom of movement — International Covenant on Civil and Political Rights, 1966

International tribunals — Procedure — United Nations Human Rights Committee — Optional Protocol to International Covenant on Civil and Political Rights, 1966 — Communication alleging violations of Covenant — Admissibility decision without submission from State party — Decision on merits without submission from State party — Burden of proof

Human rights — Arrest and detention — Habeas corpus — Rights of aliens — Access to counsel — Expulsion — Exhaustion of domestic remedies — Application of remedies unreasonably prolonged — National security — International Covenant on Civil and Political Rights, 1966

International tribunals — Procedure — United Nations Human Rights Committee — Optional Protocol to the International Covenant on Civil and Political Rights, 1966 — Domestic remedies — Admissibility

Human rights — Discrimination — Access to public service — Affirmative action for victims of human rights violations under earlier regime — Whether discrimination against other applicants — International Covenant on Civil and Political Rights, 1966

International tribunals — Procedure — United Nations Human Rights Committee — Optional Protocol to the International Covenant on Civil and Political Rights, 1966 — Communication alleging violations of the Covenant — Accelerated procedure for examination of merits