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State immunity for torture

By Ed Bates

Abstract

The House of Lords’ ruling in Jones v Ministry of Interior Al-Mamlaka Al-Arabiya AS Saudiya (the Kingdom of Saudi Arabia) and others sets an important precedent in the field of international civil claims for torture. It was also the first to address in detail the ratio of the seminal judgment in Pinochet No. 3, a ruling that has given rise to much speculation as to the relationship between State immunity, jus cogens norms and human rights. This article explores the significance of the Jones case, and, in the light of that ruling, comments more generally upon the wider issue of the extent to which State immunity acts as a barrier to international legal actions for torture brought in domestic courts in both the civil and criminal sphere

Topics: K1, HM
Year: 2007
OAI identifier: oai:eprints.soton.ac.uk:47525
Provided by: e-Prints Soton
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