Human rights — Property rights — Recognition of indigenous land rights — Indigenous Maya community in Southern Belize — Nature and content of right to property — Whether Maya people demonstrating communal right to property — Indigenous custom and tradition — Requirement of special measures to protect indigenous land interests — Right to property linked to physical and cultural survival of indigenous people — Nature of State’s obligations to respect and protect right — Obligation on State to establish legal mechanisms to clarify and protect indigenous territory — Duty to consult effectively — Belize granting logging and oil concessions to third parties — Environmental damage — Whether Belize further violating right to property — American Declaration of the Rights and Duties of Man, 1948, Article XXIII

Human rights — Right to equality — Right to equal protection before the law — Right to non-discrimination — Whether Belize providing special measures necessary to enable Maya people’s exercise of right to property equally with other Belizeans — Fundamental nature of rights — Articles 1(1) and 24 of the American Convention on Human Rights, 1969 — Whether Belize violating Article II of the American Declaration of the Rights and Duties of Man, 1948

Human rights — Right to judicial protection — Maya people commencing domestic proceedings in Belize — Whether delay in rendering judgment unwarranted — Necessity of effective access to courts for protection of fundamental rights — Article 25 of the American Convention on Human Rights, 1969 — Whether Belize violating Article XVIII of the American Declaration of the Rights and Duties of Man, 1948

Treaties — American Declaration of the Rights and Duties of Man, 1948 — Interpretation and application — Right to property — Right to equality — Right to judicial protection — Individual and collective interests of indigenous peoples — Developments in international human rights law — American Convention on Human Rights, 1969 — International Labour Organization Convention No 169 concerning Indigenous and Tribal Peoples in Independent Countries — Custom — Other relevant sources — American Declaration of the Rights and Duties of Man, 1948, Articles XXIII, II and XVIII

Human rights — Property rights — Recognition of indigenous land rights — Indigenous Maya community in Southern Belize — Whether Maya customary land tenure existing in Southern Belize — Whether members of Conejo and Santa Cruz villages in Southern Belize having rights and interests in land based on Maya customary land tenure — Nature of interests — Whether acquisition or change of sovereignty over land extinguishing any pre-existing title to land

Human rights — Property rights — Part II of Belize Constitution protecting fundamental human rights — Whether claimants' interests in land constituting property protected by Sections 3(d) and 17 of Belize Constitution — Whether any acts and omissions of Government of Belize violating claimants' rights to property in Sections 3(d) and 17 of Belize Constitution — Whether any acts and omissions of Government of Belize violating claimants' right to equality guaranteed by Sections 3 and 16 of Belize Constitution — Whether any acts and omissions of Government of Belize violating claimants' right to life, liberty, security of person and protection of the law guaranteed under Sections 3(a) and 4 of Belize Constitution

Territory — Title — Effects of acquisition or change of sovereignty — Whether extinguishing pre-existing rights and interests in land of indigenous Maya community — British Crown acquiring sovereignty over British Honduras in 1862 — Belize becoming independent in 1981 — Acquisition of sovereignty by successive governments of Belize — Effect of British Crown Lands Ordinances and succeeding National Lands Act 1992 — Radical title vested in defendants — Native title

Relationship of international law and municipal law — Defendants' international law obligations regarding claimants — Relevance for interpretation of Belize Constitution — Preamble of Belize Constitution — Treaty obligations — International Covenant on Civil and Political Rights — Convention on the Elimination of All Forms of Racial Discrimination — Charter of the Organization of American States — Customary international law — General principles of international law — ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries, 1989 — UN General Assembly Declaration on the Rights of Indigenous Peoples, 2007 — The law of Belize

Human rights — Property rights — Recognition of indigenous land rights — Whether common law recognizing existence of customary communal title in plaintiffs — Whether radical title of State burdened by native or customary title — Nature of customary title — Whether Aboriginal Peoples Act 1954 excluding any common law right

Damages — Whether deprivation of land requiring compensation under Aboriginal Peoples Act 1954 or Land Acquisition Act 1960 — Whether plaintiffs entitled to receive compensation for ungazetted land — Whether award of exemplary damages appropriate — The law of Malaysia

Jurisdiction — Universal — Genocide — Genocide Convention, 1948, Articles I and VI — Whether permitting exercise of jurisdiction by national courts over crimes committed outside territory of forum State — Interpretation of Convention by reference to purpose of universal jurisdiction — Effect of Rome Statute of the International Criminal Court, 1998

International criminal law — Genocide — Prohibition of genocide under customary international law and treaty law — Whether having status of jus cogens — Whether having erga omnes effect — Definition of genocide — Intent to destroy a group — Whether requiring intent to achieve physical destruction — Whether destruction of group as a social unit sufficient — Whether focus on group according to geographical boundaries included — Whether systematic expulsion amounting to intent to destroy a group — Whether such interpretation compatible with prohibition on retroactivity of criminal law contrary to International Covenant on Civil and Political Rights, 1966, Article 15 — The law of the Federal Republic of Germany

Treaties — Conclusion and operation — Definition of treaty — Whether including amendments to treaties — Whether including acts of organs of international organizations — Indicative factors establishing existence of treaty — Presence of ratification clause — Objective factors indicating intention to create international legal obligations — Whether possible to imply amendment to treaty in absence of such factors — Nature of subject matter — Wording consisting primarily of general declarations of intent and analysis of political situation — Relevance of fundamental political significance of agreement for Member States

Treaties — Conclusion and operation — Constitutional limitations — Treaties regulating political relations — Requirement of parliamentary legislative approval — Basic Law of Federal Republic of Germany, Article 59(2) — Commitments falling below level of conclusion of treaty — Whether requiring approval of legislature — Concretization of openly formulated treaty provisions not requiring approval — Budgetary implications and troop deployments requiring approval

International organizations — Acts — North Atlantic Treaty Organization (NATO) — NATO Treaty, 1949 — New Strategic Concept 1999 — Whether constituting amendment of NATO Treaty — Significance of express declaration that purpose and nature of NATO Alliance unchanged — Whether Strategic Concept merely constituting development of openly formulated treaty provisions — Distinction between collective self-defence and maintenance of peace and security — Function of NATO under Article 5 of collective self-defence — Non-Article 5 “crisis response” operations — Whether falling outside framework of existing NATO Treaty commitments — Whether existing NATO Treaty framework sufficiently broad to permit its adaptation to changing threats to peace and security following the end of the Cold War

War and armed conflict — Use of force — Collective security — Whether new NATO Strategic Concept consistent with basic aims of NATO Treaty and United Nations Charter — Relationship between NATO and United Nations — Primary responsibility of United Nations for maintenance of international peace and security — Regional role of NATO — Whether provision for “crisis response” operations changing role of NATO from peaceful to aggressive actor

States — Conduct of foreign relations — Participation in systems of collective security — Constitutional legality — Scope of authorization contained in Basic Law of Federal Republic of Germany, Article 24(2) — Whether covering participation by Germany in NATO “crisis response” operations where no territorial threat to Member States — The law of the Federal Republic of Germany

State immunity — Jurisdiction — Doctrine of restrictive immunity — Exception to immunity for civil claims in tort — Immunity from civil proceedings in respect of acts of armed forces — Whether such immunity absolute — Whether any exceptions for war crimes or crimes against humanity

War and armed conflict — Enforcement of the laws of war — Compensation and reparations — War crimes and crimes against humanity — Claim for compensation brought by victims before municipal courts — Atrocities committed during Second World War — Fourth Hague Convention on the Laws and Customs of War, 1907, Article 3 — Whether creating right for individuals to claim compensation — Effect of lack of reciprocity — Effect of Treaty of Final Settlement with respect to Germany, 1990 — Whether lack of remedy violating international humanitarian law or special rules applicable for crimes committed by Nazi Germany — The law of the Federal Republic of Germany

War and armed conflict — Prisoners of war — Geneva Convention on Prisoners of War, 1949 — Whether stating rules of customary international law — Treatment of prisoners of war — Conditions of evacuation — Principles of humane treatment — Medical treatment — Allowance for conditions in third world country — Repatriation — Requirement of immediate repatriation at close of hostilities — Conflict between Eritrea and Ethiopia

Arbitration — Evidence — Burden of proof — Confidential material belonging to third party — International Committee of the Red Cross — Refusal to allow access to material — Eritrea–Ethiopia Claims Commission

Treaties — Succession — Whether Eritrea becoming party to the Geneva Conventions by succession on its secession from Ethiopia — Accession to Geneva Conventions — Date from which Conventions in force between Eritrea and Ethiopia

State succession — Treaties — Secession of one part of existing State — Whether new State becoming party to humanitarian treaties by succession

War and armed conflict — Prisoners of war — Geneva Convention on Prisoners of War, 1949 — Whether stating rules of customary international law — Treatment of prisoners of war — Conditions of evacuation — Principles of humane treatment — Medical treatment — Allowance for conditions in third world country — Treatment of wounded and sick prisoners — Evacuation conditions — Harsh treatment — Failure of State to take adequate steps to inform its soldiers of their duties under international humanitarian law — Refusal of access to International Committee of the Red Cross — Failure to investigate deaths in custody — Conflict between Eritrea and Ethiopia

Arbitration — Evidence — Burden of proof — Confidential material belonging to third party — International Committee of the Red Cross — Refusal to allow access to material — Eritrea–Ethiopia Claims Commission

Treaties — Succession — Whether Eritrea becoming party to the Geneva Conventions by succession on its secession from Ethiopia — Accession to Geneva Conventions — Date from which Conventions in force between Eritrea and Ethiopia

State succession — Treaties — Secession of one part of existing State — Whether new State becoming party to humanitarian treaties by succession

War and armed conflict — Treaties and customary international humanitarian law — Geneva Conventions, 1949 and Hague Regulations, 1907 largely reflecting principles of customary international law — Whether Additional Protocol I to the Geneva Conventions and treaties on conventional weapons and landmines having similar effect

War and armed conflict — Civilians — Duties of belligerents towards the civilian population — Prohibition of rape — Prohibition of looting — Destruction of property — Whether absolutely necessary — Combat damage

War and armed conflict — Belligerent occupation — When territory to be considered occupied — Duration of occupation — Lull in fighting — Duties of occupying power towards people and property

War and armed conflict — Cultural property — Hague Convention for the Protection of Cultural Property, 1954 — Additional Protocol I, Article 53 — Hague Regulations, Article 56 — Whether limited to items of worldwide significance

State responsibility — For acts of soldiers — Isolated acts — Duty to control armed forces — Duty to protect civilian population and property — Apportionment of responsibility

Arbitration — Evidence — Standard of proof — Rape — Destruction of property — Failure of respondent to refute allegations — Remedies — Whether non-pecuniary remedy available — Apology — Eritrea–Ethiopia Claims Commission

War and armed conflict — Treaties and customary international humanitarian law — Geneva Conventions, 1949 and Hague Regulations, 1907 largely reflecting principles of customary international law — Whether Additional Protocol I to the Geneva Conventions and treaties on conventional weapons and landmines having similar effect

War and armed conflict — Belligerent occupation — When territory to be considered occupied — Prior administration of territory in question — Territory subsequently awarded to occupying State by arbitral tribunal — Whether question of title relevant to applicability of law of belligerent occupation or responsibility for breach thereof — Duties of occupying power towards people and property — Civilians — Duty to protect — Duty to take all feasible precautions to prevent rape — Damage and destruction of property

War and armed conflict — Civilians — Targeting — Precautions in attack — Prohibition of attacks upon civilians — Whether shown to have been deliberate — Failure to take adequate steps to protect civilians — Landmines — Whether retreating army required to remove landmines it had installed — Abuse of civilians following capture of town

State responsibility — For acts of soldiers — Whether affected by arbitral award concerning title to area in question — Duty to control armed forces — Duty to protect civilian population and property — Apportionment of responsibility

Arbitration — Evidence — Standard of proof — Rape — Destruction of property — Proof of systematic abuse — Eritrea–Ethiopia Claims Commission

War and armed conflict — Civilians — Internment and expulsion — Extent of belligerent’s right to expel enemy nationals — Dual nationals — Conditions of expulsion and internment

Nationality — Dual nationality — Power to deprive persons of nationality — Loss of nationality on acquisition of nationality of another State — Proof of nationality — Passports — Issue of passport to individual inconsistent with argument that he had lost nationality

Claims — Diplomatic protection — Requirement of nationality — Lex specialis permitting State to claim on behalf of non-nationals — Claim required to be on behalf of individual not of the State

States — State in process of formation — De facto entity — Recognition — Eritrea — Actions of Eritrea prior to recognition

War and armed conflict — International humanitarian law — Customary international humanitarian law — Content — Whether 1949 Geneva Conventions reflecting principles of customary international humanitarian law — Whether provisions of Additional Protocol I to the Geneva Conventions reflecting principles of customary international humanitarian law — Additional Protocol I, Article 75 — Duration of application of international humanitarian law — Aftermath of conflict — Civilians — Protection — Detention — Discriminatory measures — Role of International Committee of the Red Cross — Expulsion of enemy nationals — Confiscation of property — Duty of protection of enemy civilians

Human rights — Discrimination — Discriminatory measures against nationals of enemy State — Detention — Conditions of detention — Sexual abuse

Claims — Evidence — Standard of proof — Rape claims — Sensitive nature of rape in culture of the States concerned — Other claims

War and armed conflict — Effect on treaties — Bilateral treaties on economic matters — Whether terminated or suspended by outbreak of war — Liability for losses sustained as a result of war — Economic loss

Treaties — Termination and suspension — Effect of outbreak of war between the parties — Conflict between Eritrea and Ethiopia

War and armed conflict — Use of force — International law prohibition on the use of armed force — United Nations Charter, Article 2(4) — Extent of prohibition — Exceptions — Self-defence — Whether applicable — Conditions for exercise of right of self-defence — Conflict between Eritrea and Ethiopia — Resort to force by Eritrea

War and armed conflict — Enemy property — Belligerent entitled to seize enemy public property within its territory — Powers of belligerent regarding enemy private property — Right of temporary seizure — Sale of perishable goods — Duty to account for at end of conflict — Power of belligerent to prevent passage of goods from its ports to enemy territory irrespective of pre-war agreements

War and armed conflict — Economic warfare — Right of belligerents to block transfers of funds to enemy territory — Pension payments — Eritrea administering pension payments to former Ethiopian officials in Eritrea — Transfer of funds from Ethiopia to enable payments to be made — Ethiopia blocking funds after outbreak of hostilities — Whether contrary to international law

War and armed conflict — Effects — Diplomatic relations — Belligerents maintaining diplomatic relations during armed conflict — Armed conflict not affecting basic principles of law relating to conduct of diplomatic relations — Inviolability of mission premises and diplomatic staff — Reciprocity

Diplomatic relations — Principles — Vienna Convention on Diplomatic Relations, 1961 — Declaratory of customary international law — Fundamental principles of the law on diplomatic relations — Inviolability of mission premises and diplomatic staff — Applicability in time of armed conflict if belligerents maintain diplomatic relations

Consular relations — Principles — Vienna Convention on Consular Relations, 1963 — Declaratory of customary international law — Fundamental principles of the law on consular relations — Applicability in time of armed conflict if belligerents maintain diplomatic relations

War and armed conflict — Effects — Diplomatic relations — Belligerents maintaining diplomatic relations during armed conflict — Armed conflict not affecting basic principles of law relating to conduct of diplomatic relations — Inviolability of mission premises and diplomatic staff — Reciprocity

Diplomatic relations — Principles — Vienna Convention on Diplomatic Relations, 1961 — Declaratory of customary international law — Fundamental principles of the law on diplomatic relations — Inviolability of mission premises and diplomatic staff — Applicability in time of armed conflict if belligerents maintain diplomatic relations

Consular relations — Principles — Vienna Convention on Consular Relations, 1963 — Declaratory of customary international law — Fundamental principles of the law on consular relations — Applicability in time of armed conflict if belligerents maintain diplomatic relations