A/HRC/41/CRP.1
(a)
High level officers planned, supervised and thus authorised the mission,
exhorted the team members about the importance of the mission to national security,
and expected the team to report back to headquarters.
(b)
The officers who killed Mr. Khashoggi acted “under cover of their status as
officers and used means placed at their disposal on account of that status.”185
(c)
The killing was only possible because of the pretense of government service:
Mr. Khashoggi entered the Consulate, on a prearranged date, to obtain an official
government document.
(d)
The killing occurred at the Consulate in or near the Consul General’s office.
(e)
The killing was premeditated and prepared in Saudi Arabia; with the possible
exception of the pathologist, most of the 15-persons Team was likely in place before 28
September.
(f)
Nine team members flew into Turkey on a private jet with diplomatic
clearance.
(g)
Two members of the team used diplomatic passports.
(h)
State security agency officials arranged for all travel, including the private jets
and accommodations.
(i)
The Consul General used the power of his office to clear the Consulate and
Residence of witnesses.
(j)
The security team used government vehicles, apparently to transfer the body.
There can be no doubt that these officials acted in their capacity as State officials, with State
means at their disposal, whether or not those on the ground “contravened instructions.”
Accordingly, Mr. Khashoggi’s killing constituted an extrajudicial killing for which State
responsibility attaches. Such a conclusion is further re-enforced by the failure of the State to
investigate the execution of Mr. Khashoggi in accordance with international standards186, a
failure which constitutes a separate violation of Mr. Khashoggi’s right to life.
IV.
State Responsibility for International Wrongful Acts
220. An internationally wrongful act of a State “may consist of one or more actions or
omissions or a combination of both”187. Whether an act is wrongful is derived from treaties
obligations or customary law obligations which the State in question may have violated.
There is an internationally wrongful act of a State when “conduct consisting of an action or
omission a) constitutes a breach of an international obligation of the State and b) is
attributable to the State under international law”188.
221. Initially and generally, the concept of an international wrongful act has been applied
bilaterally, i.e., an act done by one State against the “injured State,” in violation of the first
State’s international obligations. Increasingly, “it has been recognized that some wrongful
acts engage the responsibility of the State concerned towards several or many States or even
towards the international community as a whole.”189
222. The State’s violation of Mr. Khashoggi’s right to life has been established. In addition
to violating Mr. Khashoggi’s right to life, Saudi Arabia can also be credibly argued to have
committed a wrongful act against Turkey, violating multiple obligations to that State, a
wrongful act against the United States, and a wrongful act against the entire international
community, given its violation of the peremptory and customary norm against extrajudicial
killings, its violation of the sanctity of the Consulate and its unjustified use of deadly force
185
186
187
188
189
44
Ibid., para. 5 (quoting the Caire case).
See Part III of this report.
Draft Articles on the Responsibility of States for Internationally Wrongful Acts, with commentaries
(2001), Article 1, para. 1.
Ibid., Art. 2.
Ibid., Art. 1, para. 4.
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