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Jones v. Ministry of the Interior of the Kingdom of Saudi Arabia and Another (Secretary of State for Constitutional Affairs and Another Intervening)
Published online by Cambridge University Press: 01 January 2021
Abstract
State immunity — Jurisdictional immunity — Alleged violations of jus cogens — Torture — Claims for damages for torture committed outside forum State — Whether defendant State immune — General provision for immunity — Whether exception for jus cogens violation — State Immunity Act 1978, Sections 1(1) and 5 — Whether Section 1(1) of the Act should be read subject to implied exception for claims which alleged torture — Whether English courts having jurisdiction
State immunity — Jurisdictional immunity — Officials — Definition of State — Whether including officials — Whether officials acting in official capacity entitled to same immunity as State — Whether torture official act attracting immunity ratione materiae — Whether exception applying — State Immunity Act 1978 — Whether English courts having jurisdiction
State immunity — Human rights — Relationship between law of State immunity and human rights — State Immunity Act 1978 — Whether Act disproportionate — Whether Act inconsistent with a peremptory norm of international law prohibiting torture — Whether application of Act infringing claimants' right of access to a court under Article 6 of European Convention on Human Rights, 1950 — Whether English courts having jurisdiction to entertain claims — Whether States recognizing or giving effect to international law obligation to exercise jurisdiction over claims arising from alleged breaches of peremptory norms of international law — Sources of international law — Treaties — Judicial decisions — Reputed publicists — Whether recognizing exception to State immunity for torture cases in civil proceedings — Whether ancillary procedural rule entitling or requiring States to assume civil jurisdiction over other States in alleged torture cases
Human rights — Freedom from torture — Torture Convention, 1984 — Claimants alleging systematic torture by State officials while in custody of foreign State — Article 14 of Torture Convention, 1984 — Interpretation — Whether other States required to provide remedy for acts of torture committed outside their territory — Jus cogens prohibition of torture — Whether taking precedence over other rules of international law — Nature of State immunity international law rules — Whether States recognizing or giving effect to international law obligation to exercise jurisdiction over claims arising from alleged breaches of peremptory norms of international law — Whether entitlement to immunity when sued for torture
Human rights — Right of access to court — Kingdom of Saudi Arabia claiming immunity for itself and its officials — Whether immunity incompatible with claimants' right of access to court — European Convention on Human Rights, 1950, Article 6
Relationship of international law and municipal law — State Immunity Act 1978 — Interpretation — Human Rights Act 1998, Section 3 — Whether Section 1(1) of State Immunity Act 1978 could be read in way compatible with Convention rights — European Convention on Human Rights, 1950, Article 6 — Whether State Immunity Act 1978 could be interpreted in manner permitting immunity to be refused to Kingdom of Saudi Arabia and its officials in respect of torture claims — The law of England
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