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.
ข้อเท็จจริง
British nationals alleged they were tortured by Saudi Arabian officials. They brought civil claims in England against the Saudi government and individual officials.
สรุปคำพิพากษา
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.
คำกล่าวสำคัญ
"State immunity is a rule of international law and should be interpreted in accordance with international law as it stands."
— Lord Bingham
การอ้างอิงภายหลัง
Confirmed by the ICJ in Jurisdictional Immunities of the State (Germany v Italy) [2012].