State immunity for torture
State immunity for torture
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 spheres
1-30
Bates, Ed
eb13de81-a252-429c-8975-169e2e5e39ad
18 September 2007
Bates, Ed
eb13de81-a252-429c-8975-169e2e5e39ad
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 spheres
Text
ngm025v1.pdf
- Version of Record
Restricted to Repository staff only
More information
Published date: 18 September 2007
Identifiers
Local EPrints ID: 47525
URI: http://eprints.soton.ac.uk/id/eprint/47525
ISSN: 1461-7781
PURE UUID: 3de1ed4e-bbdb-447f-aae0-085014f87493
Catalogue record
Date deposited: 01 Aug 2007
Last modified: 15 Mar 2024 09:33
Export record
Altmetrics
Contributors
Author:
Ed Bates
Download statistics
Downloads from ePrints over the past year. Other digital versions may also be available to download e.g. from the publisher's website.
View more statistics