Legal Material

Fang and ors and Attorney-General (intervening) v Jiang and ors, Ex p application for leave to serve statement of claim and notice of proceeding outside New Zealand, Case No CIV 2004-404-5843, [2007] NZAR 420, ILDC 1226 (NZ 2006), 21st December 2006, High Court [HC]



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  • Statehood, Jurisdiction of States, Organs of States
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Whether the doctrine of state immunity ratione materiae conferred immunity from civil suit on former state officials in relation to the exercise of governmental or official acts that involved the instigation or perpetration of torture.

Keywords: Civil liability; Customary international law; Heads of state; Human rights, derogations; Human rights, freedom from torture and cruel, inhuman, or degrading treatment; Human rights, gross violations; Immunity from jurisdiction; Immunity from jurisdiction, ratione materiae; Immunity from jurisdiction, state officials; Peremptory norms / ius cogens; Responsibility of individuals; Torture

Legal Material.  9680 words. 

Subjects: Statehood, Jurisdiction of States, Organs of States ; Public International Law ; International Law ; Law

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