Habib v. Commonwealth of Australia

Abstract

Relationship of international law and municipal law — Act of State doctrine — Alleged violations of international law and Australian law by Australian officials — Allegation that Australian officials aided and abetted torture and ill-treatment by officials of foreign States — Whether justiciable in Australian courts

Human rights — Torture — Prohibition of torture a jus cogens rule — Whether status of rule affecting justiciability of alleged breach — Detention of applicant at Guantánamo Bay — Allegations of torture — The law of Australia