International Court of Justice — Provisional measures — Diplomatic
relations — Immunity of State officials and State property — Prima facie
jurisdiction — United Nations Convention on Transnational Organized Crime,
2000 (“Palermo Convention”) — Optional Protocol to Vienna Convention on
Diplomatic Relations concerning the Compulsory Settlement of Disputes, 1961
— Plausibility — Article 22 of Vienna Convention on Diplomatic Relations,
1961 — Inviolability of diplomatic premises — Whether building located at 42
Avenue Foch could plausibly be regarded as housing diplomatic mission of
Equatorial Guinea — Irreparable prejudice — Urgency — Link between
provisional measures requested and rights sought to be protected
International Court of Justice — Jurisdiction — Palermo Convention —
Whether references to customary international law incorporate those rules of
customary law into the Convention — Sovereign equality of States — Whether
dispute regarding alleged breach of customary law principle within
jurisdiction of the Court under the Palermo Convention — Vienna Convention
on Diplomatic Relations, Optional Protocol — Dispute regarding status of
buildings claimed as premises of diplomatic mission
International Court of Justice — Admissibility — Abuse of process —
Abuse of rights — Whether reasons not to exercise jurisdiction under
Optional Protocol to the Vienna Convention on Diplomatic Relations — Matter
for preliminary objections — Whether exceptional circumstances existing —
Whether Application inadmissible on that basis — Abuse of rights — Whether
ground of inadmissibility when establishment of rights claimed properly a
matter for merits
Treaties — Palermo Convention — Subject matter of dispute — Procedural
preconditions to Court’s jurisdiction under Article 35(2) of Palermo
Convention — Scope of jurisdiction ratione
materiae under Palermo Convention — Article 4 of Palermo
Convention — Incorporation of customary rules of international law on State
immunity by reference to principles of sovereign equality, territorial
integrity and non-intervention in internal affairs of other States — Alleged
overextension of jurisdiction by France in implementing provisions of
Palermo Convention
220Diplomatic relations — Vienna Convention on
Diplomatic Relations, 1961 — Optional Protocol to Vienna Convention on
Diplomatic Relations concerning the Compulsory Settlement of Disputes, 1961
— Subject matter of dispute — Procedural preconditions to Court’s
jurisdiction under Articles II and III of Optional Protocol — Meaning of
“premises of the mission” under Article 1(i) of Vienna Convention — Whether
definition of “premises of the mission” falling within scope
ratione materiae of Vienna Convention —
Whether a dispute concerning inviolability of the building at 42 Avenue
Foch
State immunity — Jurisdictional immunity — Head of State immunity —
Vice-President of State accused of misappropriation of funds and money
laundering by authorities of another State — Whether entitled to immunity —
Basis for any claim to immunity — Customary international law — Whether
incorporated into Palermo Convention
State Immunity Before the International Court of Justice: Jurisdictional Immunities of the State (Germany v Italy)
