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State Immunity for Torture
Authors:Bates   Ed
Abstract:The House of Lords’ ruling in Jones v Ministry of InteriorAl-Mamlaka Al-Arabiya AS Saudiya (the Kingdom of Saudi Arabia)and others sets an important precedent in the field of internationalcivil claims for torture. It was also the first to address indetail the ratio of the seminal judgment in Pinochet No. 3,a ruling that has given rise to much speculation as to the relationshipbetween State immunity, jus cogens norms and human rights. Thisarticle explores the significance of the Jones case, and, inthe light of that ruling, comments more generally upon the widerissue of the extent to which State immunity acts as a barrierto international legal actions for torture brought in domesticcourts in both the civil and criminal spheres.
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