A/HRC/41/CRP.1
PART II. The execution of Mr. Kashoggi, state and
individual responsibilities
I.
The right to Life
193. The right to life is a foundational and universally recognized right, applicable at all
times and in all circumstances, including during armed conflict or other public emergency.
This right to life is a norm of jus cogens, and is protected by international and regional
treaties, customary international law and domestic legal systems. The “preservation of this
right is one of the essential functions of the state and numerous provisions of national
legislations establish guarantees to ensure the enjoyment of this right.”155 This responsibility
to respect the right to life applies extraterritorially, at a minimum to those under the effective
control of the State.156
194. The right to life has two components. The first and material component is that every
person has a right to be free from the arbitrary deprivation of life: it places certain limitations
on the use of force. The second and more procedural component is the requirement of proper
investigation and accountability where there is reason to believe that an arbitrary deprivation
of life may have taken place.
195. States are required to respect and to protect the right to life “by law”: “Deprivation of
life is, as a rule, arbitrary if it is inconsistent with international law or domestic law.” 157 The
“notion of ‘arbitrariness’ is not to be fully equated with ‘against the law’, but must be
interpreted more broadly to include elements of inappropriateness, injustice, lack of
predictability, and due process of law as well as elements of reasonableness, necessity, and
proportionality.” 158 Arbitrary deprivation of life includes the intentional and often
premeditated use of lethal State force outside of the judicial process – killings often referred
to as extra-judicial executions.
196. Abuse of state power to bring about a politically sanctioned arbitrary killing against a
specific group or individual ignores state obligations to ensure due process, and constitutes a
violation of the fundamental right to life as well as a violation of the rule of law. Moreover,
the wider impact that an intentional targeted killing has on society is an element that may
distinguish these acts from other violations of the right to life. As a result of this abhorrent
abuse of power and blatant disregard for the rule of law, extrajudicial killings have been
considered, by the International Commission of Jurists, as a “grave human rights
violation”.159 This categorization does not limit the scope of what falls under grave human
rights violations but merely serves as an effort to describe the severity of extrajudicial
killings. 160
197. Saudi Arabia is subject to this peremptory and customary norm and is obligated to
respect the right to life. The Arab Charter on Human Rights, which Saudi Arabia has ratified,
recognizes that “[e]very human being has the inherent right to life”, that the “right shall be
protected by law”, and that “[n]o one shall be arbitrarily deprived of his life.” 161 In making
this declaration of rights, the Arab Charter “reaffirms the principles of the Charter of the
United Nations, the Universal Declaration of Human Rights and the provisions of the
International Covenant on Civil and Political Rights and the International Covenant on
155
156
157
158
159
160
161
38
A/37/564, p 22
General Comment 36, para. 63.
General Comment 36, para. 12
Ibid
International Commission of Jurists, Enforced Disappearance and Extrajudicial Execution:
Investigation and Sanction A Practitioners Guide, http://icj.wpengine.netdna-cdn.com/wpcontent/uploads/2015/12/Universal-Enforced-Disappearance-and-Extrajudicial-Execution-PGNo9Publications-Practitioners-guide-series-2015-ENG.pdf, 86.
The terms of reference of the Special Rapporteur’s mandate “are not best understood through efforts
to define individually the terms “extrajudicial”, “summary” or “arbitrary”, or to seek to categorize any
given incident accordingly.” Report of the Special Rapporteur, Philip Alston, E/CN.4/2005/7, 22
December 2004 para. 6.
Arab Charter on Human Rights, Article 5.
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