Kuwait Court of Cassation principle number 3938

Acts of sovereignty. Their nature. Their exclusion from the jurisdiction of the courts. Article 23 of the Judicial Organization Law. - Declaring war and the consequences of military operations arising therefrom. At the core of acts of sovereignty. Its consequence. Exempting the State from liability for acts it carries out because thereof, however great the resulting damage to individuals. - Decree-Law No. 2 A of 1990 concerning the Central Bank’s non-obligation to refund the value of banknotes stolen from its vaults during the occupation, Decree-Law No. 5 of 1991 concerning currency and the Central Bank of Kuwait, and Decisions of the Minister of Finance Nos. 1 A and 2 A of 1990 concerning banknotes and the integrity of the country’s currency. The purpose of their issuance: protecting the public interest, the State’s economic system, and the integrity of banknotes. An act of sovereignty because they were issued by the State as a governing authority, not an administrative authority. Its effect. Exclusion of judicial review thereof. Example. Inadmissibility of liability proceedings against judges: