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All Cases
International Law
House of Lords
2006

Jones v Ministry of the Interior of Saudi Arabia

[2006] UKHL 26

Ratio Decidendi

State immunity under the State Immunity Act 1978 applies even where allegations of torture are made. International law does not currently recognise an exception to state immunity for civil claims based on torture.

Facts

British nationals alleged they were tortured by Saudi Arabian officials. They brought civil claims in England against the Saudi government and individual officials.

Judgment Summary

The House of Lords held that the State Immunity Act 1978 barred the claims. There was no exception in international law for civil claims based on torture, despite the jus cogens prohibition.

Key Quotes

"State immunity is a rule of international law and should be interpreted in accordance with international law as it stands."

Lord Bingham

Subsequent Treatment

Applied

Confirmed by the ICJ in Jurisdictional Immunities of the State (Germany v Italy) [2012].

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