Kuwait Court of Cassation principle number 3937

Acts of sovereignty. Courts may not consider them. Art. 2 of the Law on the Organisation of the Judiciary No. 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 by their nature are administrative acts but fall outside the courts' jurisdiction; the judiciary may identify them. - Declaration of war and the effects resulting therefrom from military operations. At the very core of acts of sovereignty. Its implication. Exemption of the State from liability for acts it carries out by reason thereof, however great the damage they cause 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 regarded as acts of sovereignty excluded from review by the judiciary and arbitral tribunals. - 729 - Obligation