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Al-Adsani v. Government of Kuwait and Others

Namibia.  15 March 1995 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Relationship of international law and municipal law — Customary international law — Doctrine of incorporation — Primacy of statute over rule of customary international law — State immunity

State immunity — Jurisdictional immunity — Claim against State for torture allegedly committed by State officials — Acts of torture allegedly committed in Kuwait and United Kingdom by agents of Kuwaiti Government — Whether English courts have jurisdiction in respect of torture committed in Kuwait being acts in violation of international law — State immunity governed by statute — Whether explicit provision required in statute to establish exception to immunity — Tortious acts committed within jurisdiction — Standard of proof required to establish exception to immunity — Balance of probabilities — State Immunity Act 1978, Sections 1 and 5 — The Law of England

Type
Case Report
Copyright
© Cambridge University Press 1996

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