Al-Adsani v. Government of Kuwait and Others

Abstract

Relationship of international law and municipal law — Customary international law — Doctrine of incorporation — Primacy of statute over rule of customary international law — State immunity

State immunity — Jurisdictional immunity — Claim against State for torture allegedly committed by State officials — Acts of torture allegedly committed in Kuwait and United Kingdom by agents of Kuwaiti Government — Whether English courts having jurisdiction in respect of torture committed in Kuwait being acts in violation of international law — State immunity governed by statute — Whether explicit provision required in statute to establish exception to immunity — Tortious acts committed within jurisdiction — Standard of proof required to establish exception to immunity — Balance of probabilities — State Immunity Act 1978, Sections 1 and 5 — The law of England