US administration says Saudi crown prince has immunity in Khashoggi lawsuit |

WASHINGTON-

The Biden administration ruled on Thursday that Saudi Arabian Crown Prince Mohammed bin Salman has immunity from a lawsuit over the killing of Jamal Khashoggi in 2018.

The Saudi government communications office did not immediately respond to a request for comment on Friday.

“This is a legal determination made by the State Department under long-standing and well-established principles of customary international law,” a spokesman for the White House National Security Council said in a written statement. “It has nothing to do with the merits of the case.”

The spokesman referred further questions to the State and Justice Departments.

In a document filed in US District Court for the District of Columbia, Justice Department attorneys wrote that “the doctrine of head of state immunity is well established in customary international law.”

Justice Department lawyers said that the executive branch of US government, referring to the Biden Administration, had determined that the Saudi crown prince and prime minister “as the sitting head of a foreign government, enjoys head of state immunity from the jurisdiction of US courts as a result of that office.”

In late September, Saudi King Salman named Prince Mohammed prime minister in a royal decree which a Saudi official said was in line with responsibilities that the crown prince was already exercising.

“The Royal Order leaves no doubt that the Crown Prince is entitled to status-based immunity,” lawyers for the prince said in an October 3 petition requesting a federal district court in Washington dismiss the case, citing other cases where the United States has recognised immunity for a foreign head of state.

Biden met the crown prince during a visit to Saudi Arabia in July to discuss energy and security issues.

Riyadh has denied any involvement of the crown prince in Khashoggi’s killing.

The long-standing alliance between the two countries was strained in October when a decision by the OPEC+ oil producer group led by Saudi Arabia to cut oil production sparked tensions between the White house and Riyadh.

The decision had raised concerns in Washington about the possibility of higher petrol prices ahead of the November midterm elections.

“Deciding to grant sovereign immunity to MbS will send a very clear signal to him: that he should continue asserting Saudi Arabia’s nationalist interests without compromise, even when these go directly against core interests of the United States,” Cinzia Bianco, visiting fellow at the European Council on Foreign Relations, said.

“Amid great power competition with Russia and China, the United States recognises that Saudi has other options. And a further pivot of Saudi to the East must be prevented at all costs,” Andreas Krieg, professor at King’s College in London, said.