War and armed conflict — War — Definition of “war” and of “participation in war” — Distinction between “war” and “armed conflict” — Neutrality of States under international law — Whether assisting aircraft constituting loss of neutral status — Effect of loss of neutral status on State — Foreign aircraft involved in military operations in Afghanistan — Whether Ireland permitting overflight, landing and refuelling of aircraft carrying troops and munitions to Afghanistan constituting participation in war — Participation in war requiring assent of parliament — Constitution of Ireland, Article 28.3 — Whether actions amounting to participation in war under constitution — Whether permissions granting assistance without assent of parliament unconstitutional

Relationship of international law and municipal law — Relations between States — Justiciability — Separation of powers — Matters of war and participation in war — Need for court to exercise restraint in assessment of war and participation in war — The law of Ireland