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State immunity for torture

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
1461-7781
1-30
Bates, Ed
eb13de81-a252-429c-8975-169e2e5e39ad
Bates, Ed
eb13de81-a252-429c-8975-169e2e5e39ad

Bates, Ed (2007) State immunity for torture. Human Rights Law Review, 1-30. (doi:10.1093/hrlr/ngm025).

Record type: Article

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
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Published date: 18 September 2007

Identifiers

Local EPrints ID: 47525
URI: https://eprints.soton.ac.uk/id/eprint/47525
ISSN: 1461-7781
PURE UUID: 3de1ed4e-bbdb-447f-aae0-085014f87493

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Date deposited: 01 Aug 2007
Last modified: 13 Mar 2019 21:00

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Author: Ed Bates

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