Zhang v. Jiang Zemin and Others

Abstract

555State Immunity — Jurisdictional immunity — Alleged violations of human rights — Torture — Claim in respect of torture allegedly committed outside the forum State — Whether defendants entitled to immunity when accused of violating a jus cogens rule — Officials — Whether immunity of State applicable to officials sued in respect of official acts — Foreign States Immunities Act — Requirement that court consider entitlement to immunity proprio motuHuman rights — Freedom from torture — Status of prohibition of torture as jus cogens — Whether limiting entitlement to immunity of foreign State — The law of Australia