Handel and Others v. Artukovic

In: International law reports, Band 79, S. 396-413

Abstract

Relationship of international law and municipal law — Treaties — Whether creating private right of action — Criteria for determining whether treaty self-executing — Customary international law — Whether part of United States law — Whether international law creates private right of action for violations — Recognition and enforcement of foreign laws — Retrospective criminal legislation — Whether contrary to international law — Whether international law requires United States courts not to enforce foreign criminal legislation which is retrospectiveWar and armed conflict — Enforcement of the laws of war — Hague Convention Respecting the Laws and Customs of War on Land, 1907 — Geneva Prisoners of War Convention, 1929 — Whether creating private right of action in municipal courts — Civil action for alleged breach of treaty — War crimes and crimes against humanity — Scope — Extent of crimes against humanity during Second World War — Whether international law creates private right of action in respect of alleged war crimes and crimes against humanity — Limitation periodsJurisdiction — Violations of international law — Whether civil action for violation of international law within jurisdiction of United States courts — Case not falling within Alien Tort Statute — Plaintiffs United States citizens397Treaties — Application by municipal courts — Whether treaties creating private rights of action — The law of the United States