World

Saudi prince's lawyers says PM title ensures legal immunity

Activists, dissidents allege this would allow Mohammed bin Salman to evade foreign lawsuits

Updated 3 years ago · Published on 05 Oct 2022 7:00AM

Saudi prince's lawyers says PM title ensures legal immunity
Prince Mohammed bin Salman, who previously served as deputy prime minister and defence minister, was named prime minister by royal decree last week, sparking concern from human rights activists and government critics that he was looking to skirt exposure in cases filed in foreign courts. – AFP pic, October 5, 2022

RIYADH – Lawyers for Saudi Crown Prince Mohammed bin Salman have argued that his appointment as prime minister qualifies him for immunity from lawsuits in US courts, including one related to the 2018 killing of journalist Jamal Khashoggi.

Prince Mohammed, who previously served as deputy prime minister and defence minister, was named prime minister by royal decree last week, sparking concern from human rights activists and government critics that he was looking to skirt exposure in cases filed in foreign courts.

His lawyers had previously argued that he “sits at the apex of Saudi Arabia’s government” and thus qualifies for the kind of immunity US courts afford foreign heads of state and other high-ranking officials.

Last week’s royal decree “leaves no doubt that the crown prince is entitled to status-based immunity”, his lawyers said in a filing on Monday in a case brought in 2020 by Khashoggi’s fiancee, Hatice Cengiz.

The 2018 killing of Khashoggi, a Saudi insider turned critic, in the kingdom’s Istanbul consulate temporarily turned Prince Mohammed into a pariah in the West.

But he has been welcomed back on the world stage this year, notably by US President Joe Biden, who travelled to Saudi Arabia in July despite an earlier pledge to make the kingdom a “pariah”.

Last year, Biden declassified an intelligence report that found Prince Mohammed had approved the operation against Khashoggi, an assertion Saudi authorities deny.

The Biden administration has yet to weigh in on whether it believes Prince Mohammed qualifies for immunity.

A judge had given US lawyers a deadline of October 3 to file a “statement of interest” on the question.

But on Friday, citing Prince Mohammed’s new position, the administration requested an additional 45 days to make up its mind.

That request was granted and the new deadline is November 17.

The legal threats to Prince Mohammed in US courts go beyond Khashoggi.

He was also named in a lawsuit filed by Saad al-Jabri, a former top intelligence official who fell out of favour as Prince Mohammed manoeuvred to become first in line to the throne in 2017. 

That complaint accuses Prince Mohammed of trying to lure Jabri back to Saudi Arabia from exile in Canada – then, when that didn’t work, “deploying a hit squad” to kill him on Canadian soil, a plot foiled when most of the would-be assailants were turned back at the border.

However, on Friday, a judge granted a motion to dismiss the case, saying his court did not have jurisdiction over nearly all of the defendants listed by Jabri – a group that includes Prince Mohammed, other Saudi officials and “several US-based individuals”.

Prince Mohammed’s father, 86-year-old King Salman, has been hospitalised twice this year, but he chaired the weekly cabinet meeting yesterday, just as he did the day Prince Mohammed's promotion was announced.

In July, a group of NGOs filed a complaint in France alleging that Prince Mohammed was an accomplice to Khashoggi’s torture and enforced disappearance.

They said the charges could be prosecuted in France, which recognises universal jurisdiction.

Prince Mohammed “does not have immunity from prosecution, because as crown prince, he is not head of state”, they said. – AFP, October 5, 2022

Related News

Opinion / 1mth

Modernity beyond the West? What Saudi Arabia is really testing

World / 1mth

Saudi Aramco helicopter crash kills 14 nationals (video)

Malaysia / 6mth

'I personally heard King Abdullah promise donations to Najib' - Jamil Khir

Malaysia / 7mth

Nadia Kesuma was found to have left Saudi Arabia

Malaysia / 9mth

King departs for state visit to Saudi Arabia

Malaysia / 2y

Silat body defends performance of Malay martial art at mosque in Medina amid criticisms

Spotlight

Malaysia

Elderly man admits to hitting neighbour with iron rod

Malaysia

Body found at KLIA2 in tyre storage compartment of aircraft from Japan

Malaysia

Factory operator faces rape, unnatural sex charges involving polytechnic student

Malaysia

Ismail Sabri granted RM300k bail after pleading not guilty to asset declaration charge

By Alfian Z.M. Tahir

Malaysia

Sunway Lagoon ride halted as safety probe seeks to protect public - DOSH

Malaysia

Malaysia ready to deploy military expertise for Nepal flood relief, says Defence Minister

Malaysia

Violence in Thailand: Visitors drop by almost 50 per cent

By Ian McIntyre

You may be interested

World

Six months into Iran war, Trump’s war goals remain elusive as conflict drags on

World

Trump links Saudi nuclear deal to Israel recognition as pact heads to Congress

World

US and Canada pledge emergency aid as Nepal flood death toll reaches 160

World

UN, Red Cross warn AI weapons could cross ‘moral red line’ as killer machines near battlefield use

World

China defies Trump’s Iran pressure as Beijing warns US against disrupting Tehran ties

World

Ukrainian Commander braves Russian kill zone to rescue wounded soldiers

World

Glacier collapse triggers catastrophic floods along Nepal-Tibet border, leaving 1,300 missing

World

More than half of world’s land poorly managed, threatening food security and biodiversity