Belhaj v Straw

Claims against British officials for complicity in the unlawful rendition and torture of a Libyan dissident were not barred by state immunity or the foreign act of state doctrine.

Citation
[2017] UKSC 3, [2017] AC 964
Court
Supreme Court
Year
2017
Subject
Public International Law
Topic
Jurisdiction and immunities

Facts

Mr Belhaj, a Libyan opponent of the Gaddafi regime, and his wife were detained in Asia, and claimed that they were unlawfully rendered to Libya by United States agents, with the assistance of British officials, including the then Foreign Secretary, Jack Straw, where Mr Belhaj was detained and tortured. They sued Mr Straw and others in England. The defendants argued that the claims were barred by state immunity, because they would require the court to decide on the lawfulness of the acts of foreign states, and by the foreign act of state doctrine.

Legal principle

The Supreme Court held that the claims could proceed. The court held that state immunity did not apply, because the claims were not brought against the foreign states, and their interests would not be affected in the relevant sense by a judgment against the British defendants. The foreign act of state doctrine did not bar the claims, because, as Lord Mance and Lord Neuberger explained in different ways, the doctrine does not apply to allegations of torture, unlawful detention and rendition, which are contrary to fundamental principles of English public policy. The government later apologised to Mr Belhaj and his wife and settled the claims.

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