US says Saudi prince MBS should be granted sovereign immunity in Jamal Khashoggi killing

The Biden administration on Thursday stated that the high office retained by Saudi Arabia's crown prince Mohammed bin Salman should guard him against lawsuits for his involvement in the death of a journalist from the United States. In sharp contrast to Joe Biden's ardent campaign-trail criticism of Prince Mohammed bin Salman over the brutal killing of journalist Jamal Khashoggi, the Biden government has likely ended an effort to hold the Saudi crown prince legally responsible for the 2018 killing.  

The Biden administration declared in a filing made public late on Thursday night that the crown prince has been "the sitting head of government and, thus, immune" from the lawsuit which literally means he gets immunity due to his recent appointment to the position of prime minister. According to the administration, the prince should be immune from prosecution in the case brought by the fiancée of murdered Washington Post journalist Jamal Khashoggi and by Democracy for the Arab World Now (DAWN), the rights organisation he established. 

US on Saudi crown prince over the journalist killing

According to the PTI report, a court will eventually determine whether to award immunity; the request is not legally obligatory. However, given that Saudi Arabia has increased detainment and other forms of retaliation against peaceful opponents at home and abroad as well as cut oil production, a move seen as undermining attempts by the United States and its allies to penalise Russia for its war against Ukraine, it is certain to enrage human rights activists and many US lawmakers. 

The government's decision to try to shield the Saudi crown prince from American courts in connection with the assassination of Jamal Khashoggi was described as "purely a legal determination" by the State Department on Thursday. 

It is pertinent to mention that Khashoggi was killed by Saudi authorities at the Saudi consulate in Istanbul. Although his remains were never discovered, it is thought that they dismembered him. The US intelligence community came to the conclusion that Prince Mohammed, the crown prince of Saudi Arabia, had given his approval for the murder of the well-known and respected journalist who had written critically of Prince Mohammed's harsh tactics for silencing those he considered to be his rivals or detractors. 

In a statement released on Thursday, the Biden government mentioned visa restrictions and other sanctions that had been applied to lower-level Saudi officials in connection with the killing. The Department of Justice of the US stated in its filing that "the United States government has expressed grave concerns regarding Jamal Khashoggi's horrific killing and has raised these concerns publicly and with the most senior levels of the Saudi government." 

The filing added, “However, the doctrine of head of state immunity is well established in customary international law and has been consistently recognized in longstanding executive branch practice as a status-based determination that does not reflect a judgment on the underlying conduct at issue in the litigation,” The Guardian reported.  

According to The Guardian report, the Department of Justice was ordered to submit a "suggestion of immunity" to the court in a letter from Richard Visek, acting legal counsel to the US State Department, which was included in the government's petition. 

Hatice Cengiz, Khashoggi's fiancée, and DAWN filed a lawsuit in federal court in Washington against the crown prince, his senior advisers, and others for their claimed complicity in the death of Khashoggi. According to Saudi Arabia, the prince played no direct part in the murder. 

(Image: AP)