Kuwait Court of Cassation principle number 183

Acts of sovereignty. Courts may not hear them. Article 2 of the Judicial Organization Law 23 of 1990, as amended. - Acts of sovereignty. Their meaning. Acts emanating from the government in its capacity as a governing authority, not an administrative authority, which are by nature administrative acts but fall outside the jurisdiction of the courts; the judiciary determines them. - Declaration of war and the resulting effects of military operations. At the very core of acts of sovereignty. Its implication. Exemption of the State from liability for acts it undertakes by reason thereof, however great the harm thereby caused to individuals. - Decrees and decisions issued by the State during and after the Iraqi invasion to protect the public interest, the State’s economic system, and the integrity of banknotes. Their issuance by the State as a governing authority, not an administrative authority; they are considered acts of sovereignty beyond the review of the judiciary and arbitral tribunals.