Example 1: nternational Criminal Tribunal for former Yugoslavia (ICTY), Trial Chamber, Prosecutor v. Anto Furundzija, judgment of 10 December 1998, paras. 147–57 - Example 2: House of Lords (United Kingdom), R.v. Bow Street Metropolitan Stipendiary Magistrate and others, ex parte Pinochet Ugarte(No. 3), judgment of 24 March 1999 [2000] A.C - Example 3: European Court of Human Rights (GC), Al-Adsaniv. United Kingdom(Appl. No. 35763/97), judgment of 21 November 2001
9 important questions on Example 1: nternational Criminal Tribunal for former Yugoslavia (ICTY), Trial Chamber, Prosecutor v. Anto Furundzija, judgment of 10 December 1998, paras. 147–57 - Example 2: House of Lords (United Kingdom), R.v. Bow Street Metropolitan Stipendiary Magistrate and others, ex parte Pinochet Ugarte(No. 3), judgment of 24 March 1999 [2000] A.C - Example 3: European Court of Human Rights (GC), Al-Adsaniv. United Kingdom(Appl. No. 35763/97), judgment of 21 November 2001
What was the applicant's role in Kuwait during the Iraqi invasion?
The applicant served as a pilot in the Kuwaiti Air Force and remained behind as a member of the resistance movement.
How did the applicant come into possession of sex videotapes involving a Sheikh related to the Emir of Kuwait?
The applicant came into possession of the sex videotapes during his time in Kuwait.
What happened to the applicant after the Iraqi armed forces were expelled from Kuwait?
The Sheikh and others took the applicant at gunpoint in a government car, beat him, and tortured him.
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Why did the applicant's civil proceedings for compensation fail in England?
The action failed because Kuwait claimed immunity of jurisdiction under the State Immunity Act 1978.
According to the judgment, does the positive obligation imposed by Article 3 of the ECHR extend to violations committed outside the jurisdiction of the United Kingdom?
No, the majority of the Court takes the view that the positive obligation does not extend to violations committed outside the jurisdiction of the United Kingdom.
Was there a violation of Article 3 of the Convention in this case?
No, there was no violation of Article 3 of the Convention in this case.
What is the concept of sovereign immunity in international law?
Sovereign immunity is a concept of international law that states one state shall not be subject to the jurisdiction of another state.
What is the legitimate aim pursued by granting sovereign immunity to a state in civil proceedings?
The legitimate aim is to comply with international law and promote comity and good relations between states through the respect of another state's sovereignty.
Have national courts generally accepted the argument that States are not entitled to plead immunity in cases of human rights violations with the character of jus cogens?
No, in most cases, the plea of sovereign immunity has succeeded, even in cases of human rights violations with the character of jus cogens.
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