State immunity — Jurisdictional immunity — Violations of international law — Whether foreign State entitled to immunity for acts contrary to international law — Foreign Sovereign Immunities Act 1976

Relationship of international law and municipal law — Customary international law — Enforcement by municipal courts — Alien Tort Statute 1789

War and armed conflict — Neutrality — Naval warfare — Attack on neutral ship on high seas — Absence of reasonable cause for suspicion — No attempt to investigate ship before attack — Ship outside exclusion zones established by parties to conflict — Whether attack violating international law

Sea — High seas — Freedom of passage — Neutral ship on high seas during armed conflict — Whether attack on ship contrary to international law — The law of the United States

Jurisdiction — Visiting forces — Internal discipline — Whether courts of host State possessing jurisdiction — Whether common law recognizes jurisdictional status of visiting forces — Definition of visiting forces — National liberation movement — South West Africa People's Organization (“SWAPO”) — SWAPO units in Zambia — Whether possessing status of a visiting force — Conditions for recognition as a visiting force

Jurisdiction — Territorial — Habeas corpus application — Applicant removed to foreign State before hearing — Whether writ of habeas corpus may be issued in respect of person detained in foreign State

Recognition — Governments — Government in exile — SWAPO — Whether recognized by Zambia as a government in exile

War and armed conflict — Wars of national liberation — National liberation movements — Status — The law of Zambia

Extradition — Political offence — Definition — Standards of reasonable and civilized people — Whether conduct of accused capable of being regarded as political activity by reasonable and civilized people — Killing of elderly woman — Burden of proof — Onus on accused to establish that alleged offence political — Speciality — Allegation that accused would be tried or detained for political offences if extradited — Membership of proscribed organization — The law of Ireland

Extradition — Political offence — Definition — Offence of escaping from prison — Whether capable of amounting to a political offence — Accused a member of the Irish Republican Army (“IRA”) — Purpose of escape allegedly to rejoin IRA — Estoppel — Failure of State to appeal against decisions relating to the same incident in which political offence exception applied — Principle of equal treatment — Whether Irish Government's action regarding other prisoners who had escaped in same incident had given rise to legitimate expectation on part of accused that he would not be extradited — Speciality — Allegation that accused would be prosecuted or detained for political offence if extradited — The law of Ireland

Extradition — Conditions — Whether general international law imposes restrictions on extradition — Whether requirement of international law that courts of extraditing State must be satisfied that a prima facie case exists — Political offence — Allegation that plaintiff would be denied a fair trial on account of political opinions and religion — European Convention on Extradition — Whether Northern Ireland criminal procedures would deny plaintiff his rights of due process under the Irish Constitution — Whether conditions in Northern Ireland meant that plaintiff's life would be in danger if extradited

Jurisdiction — Territorial — Territorial limits on jurisdiction — Northern Ireland — Whether Irish Parliament possessing jurisdiction over authorities in Northern Ireland — The law of Ireland

Extradition — Political offence — Definition — Murder of retired politicians — Paramilitary campaign for reunification of Ireland — Republic of Ireland Extradition Act 1965, Section 50 — Whether to be interpreted in line with English authorities — Whether requirement that offence take place in context of rebellion — Standards of reasonable, civilized people — Whether satisfactory test of whether offence political — Motives of accused — Accused denying involvement in offence but claiming that offence political — Burden of proof — Onus on accused to establish that offence political — Proximity of offence to political objectives of paramilitary group — Speciality — Allegation that if returned accused would be imprisoned for political offence — Reliance on good faith of requesting State — The law of Ireland

Extradition — Political offence — Definition — Offence of obtaining property by deception — Offence allegedly committed in order to raise funds for paramilitary organization — Irish National Liberation Army (“INLA”) — Purpose of INLA to secure by force the establishment of a united workers' republic in all Ireland — Whether offences committed in order to achieve this objective political offences — Whether Extradition Act 1965 should be interpreted as conferring political offence status on activities designed to overthrow Irish Constitution — Offence connected with a political offence — Nature and degree of connection — The law of Ireland

Extradition — Conditions — Lapse of time — Request for extradition not made earlier because accused serving prison sentence in extraditing State — Intervening circumstances — Accused marrying while in prison — Whether extradition would infringe accused's right to respect for his family life — The law of Ireland

Extradition — Political offence — Definition — Activities of paramilitary group — Connection between offences and political objectives of group — Proximity — Offences against property — Motive of accused — Plan to render union of Northern Ireland and Great Britain prohibitively expensive by destroying property in Northern Ireland — Whether political offences — Standards of reasonable, civilized people — Offences connected with political offences — Whether accused can rely upon connection with alleged political offence supposedly committed by himself — The law of Ireland

Extradition — Political offence — Definition — Offences committed by members of paramilitary group seeking reunification of Ireland — Irish Republican Army (“IRA”) — Campaign for reunification by methods not supported by Irish State — Whether offences committed in course of this campaign political offences — Whether activities of IRA undermining Constitution of the Republic of Ireland — Whether political offence exception extends to acts liable to undermine the Constitution — Republic of Ireland Extradition Act 1965, Section 50 — Conditions of extradition — Requirement that requesting State bring accused before judicial authority — Whether definition of judicial authority governed by law of requesting State

Human rights — Enforcement by national courts — Extradition request — Allegation that accused would be subjected to torture, inhuman or degrading treatment if extradited — Whether allegation supported by evidence — Whether extradition would be ordered if allegations found to be substantiated — Burden of proof — The law of Ireland

Human rights — Torture, inhuman and degrading treatment — Ill-treatment of complainant's daughter — Whether amounting to “psychological torture” of complainant — Proof of torture — Arrest and detention — Right of detainee to humane treatment — International Covenant on Civil and Political Rights, 1966

International tribunals — Competence — Procedure — United Nations Human Rights Committee — Optional Protocol to International Covenant on Civil and Political Rights — Admissibility of communication — Whether alleged victim subject to jurisdiction of State Party — Exhaustion of domestic remedies — Absence of effective remedies — Whether allegations to be treated as substantiated in the absence of evidence to contrary from State Party

Diplomatic relations — Embassy premises — Asylum — Arrest of asylum-seeker in grounds of embassy

Human rights — Arrest and detention — Right of arrested person to be told reason for arrest — Detention incommunicado — Whether violating standard of humane treatment — Fair trial — Right to consult counsel — Defendant allowed access only to court-appointed lawyer — Right to prompt trial — International Covenant on Civil and Political Rights, 1966

International tribunals — Competence — United Nations Human Rights Committee — Optional Protocol to the International Covenant on Civil and Political Rights — Communication alleging violations of Covenant — Admissibility — Whether submitted to other procedure of international investigation — Exhaustion of domestic remedies — Absence of effective remedies

Human rights — Arrest and detention — Right of arrested person to be told reason for arrest — Right to be brought promptly before a court to have lawfulness of detention determined — Right to humane treatment — Detention incommunicado — 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 — Duty of State Party to furnish information to Committee — Whether allegations to be treated as substantiated in the absence of evidence to the contrary from the State Party

Human rights — Movement, freedom of — Right to leave State of nationality — Expression, freedom of — Right to seek, receive and impart information — International Covenant on Civil and Political Rights, 1966

International tribunals — Competence — United Nations Human Rights Committee — Optional Protocol to the International Covenant on Civil and Political Rights — Admissibility of communication — Whether author of communication subject to the jurisdiction of the State Party — Revocation of passport by State of nationality in respect of citizen resident abroad

Human rights — Prisoners — Right to humane treatment — Torture, inhuman and degrading treatment — Proof — Threats of torture by prison guards — Fair trial — Right to prompt trial — Right to consult counsel — Non bis in idem — Res judicata — 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 — Evidence of violation — Allegations of ill-treatment of prisoners — Relevance of fact that ill-treatment had been shown in other proceedings to have taken place at prison — Whether allegations to be treated as substantiated in the absence of evidence to the contrary from the State Party

Human rights — Arrest and detention — Right to humane treatment — Detention incommunicado — Whether entailing a violation of the right to humane treatment — Conditions of detention — Fair trial — Right to be brought before court without undue delay — Right to consult counsel — Defendant allowed access only to court-appointed lawyer — Whether defendant denied opportunity to prepare defence — International Covenant on Civil and Political Rights, 1966

International tribunals — Competence — United Nations Human Rights Committee — Optional Protocol to the International Covenant on Civil and Political Rights — Exhaustion of domestic remedies — Absence of effective remedies — Effect of failure of State Party to specify remedies which should have been exhausted

Human rights — Arrest and detention — Conditions of detention — Prisoner held incommunicado — Whether failure to treat prisoner with humanity and with respect for inherent human dignity — International Covenant on Civil and Political Rights, 1966

International tribunals — Competence — Procedure — United Nations Human Rights Committee — Optional Protocol to International Covenant on Civil and Political Rights — Communication alleging violations of Covenant — Whether submitted to other procedure of international investigation — Failure to exhaust domestic remedies — Absence of effective domestic remedies — Proof of allegations — Duty of State Party to furnish information — Whether allegations to be treated as substantiated in the absence of evidence to contrary from State Party

Human rights — Arrest and detention — Conditions of detention — Prisoner held incommunicado — Whether failure to treat prisoner with humanity and with respect for inherent human dignity — Torture, inhuman and degrading treatment — Psychiatric experiments — Proof — Fair trial — Right to consult counsel — Defendant allowed access only to court-appointed lawyer — International Covenant on Civil and Political Rights, 1966

International tribunals — Competence — Procedure — United Nations Human Rights Committee — Optional Protocol to International Covenant on Civil and Political Rights — Communication alleging violations of Covenant — Requirement that complainant be within the jurisdiction of State Party — Whether requirement applicable to date at which alleged violation occurred or date at which communication submitted — Whether allegations to be treated as substantiated in the absence of evidence to contrary from State Party

Human rights — Arrest and detention — Conditions of detention — Failure to respect human dignity of prisoner — Small cell without furniture — Lack of medical attention — Torture, inhuman and degrading treatment — Proof — Fair trial — Right to consult counsel — Defendant denied access to his own lawyer — Defendant subsequently permitted access to court-appointed lawyer — Right to prompt trial — Unreasonable delay between arrest and trial — 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 — Whether allegations to be treated as substantiated in the absence of evidence to the contrary from the State Party