A/HRC/41/CRP.1
political independence of any state, or any other manner inconsistent with the purposes of the
United Nations.”195
228. The Security Council has previously condemned one extraterritorial extrajudicial
killing as “aggression, perpetrated … against the sovereignty and territorial integrity” of a
nation, “in flagrant violation of the Charter of the United Nations, international law and
norms of conduct”. It has called upon all States “to prevent such acts against the sovereignty
and territorial integrity of all States.” 196
229. One purpose of the United Nations is to achieve international cooperation “in promoting
and encouraging respect for human rights and for fundamental freedoms for all without
distinction as to race, sex, language, or religion.”197 These include the “right to freedom of
expression and opinion recognized by the Universal Declaration of Human Rights, and
subsequent International and Regional Treaties.” 198 There can hardly be a greater
“interference” with freedom of opinion and expression than killing a journalist or
disappearing him in an apparent attempt to silence him. The State of Saudi Arabia thereby
committed an act inconsistent with a core tenet of the United Nations. As such, it can be
credibly argued that it used force in a manner “inconsistent with the Purposes of the United
Nations.”
230. It can be credibly argued as well that the killing of Mr. Khashoggi interfered with the
right of a sovereign state, most particularly Turkey but also that of the United States, “to
conduct its affairs without outside interference.”199 It is “[t]he duty of a State to refrain from
any economic, political or military activity in the territory of another State without its
consent.”200 The extrajudicial execution of Mr. Khashoggi, a Washington Post columnist, in
order to silence him, interfered with the liberties of the United States, enshrined in the United
States Constitution.201
Other violations
231. As well elaborated upon by the International Law Commission Draft Articles on the
responsibility of States for Internationally Wrongful Acts (Draft Articles), the fact that one
particular State, such as Turkey, or indeed the United States, has been injured “does not
exclude that all State parties may have an interest of a general character in compliance with
international law202. “[C]ertain obligations are owed to the international community as a
whole” and “by reason of ‘the importance of the rights involved’ all States have a legal
195
196
197
198
199
200
201
202
46
See also the repertoire of the Practice of the Security Council: “The Repertoire, mandated by the
General Assembly …, provides comprehensive coverage of the Security Council’s interpretation and
application of the United Nations Charter and its own Provisional Rules of Procedure since 1946. Its
primary purpose is to provide Member States, including those elected to serve on the Security
Council, the United Nations system, academics and others with a source of information regarding the
evolving practice of the Security Council.” About the Repertoire,
https://www.un.org/securitycouncil/content/repertoire/about-repertoire
Resolution 611 (1988)(condemning a killing carried out by Israel on Tunisian soil), paras. 1-2.
Repertoire of the Practice of the Security Council, Part III: Purposes & Principles of the Charter of the
United Nations, 20th Supplement (2016–2017), Art. 1, para. 3 (emphasis added).
U.N. Declaration on Human Rights art. 19 (“Everyone has the right to freedom of opinion and
expression; this right includes freedom to hold opinions without interference and to seek, receive and
impart information and ideas through any media and regardless of frontiers.”).
Case Concerning Military and Paramilitary Activities In and Against Nicaragua (Nicaragua. v. U.S.)
(“Nicaragua”), 1986 ICJ at 106, para 202.
Declaration on the Inadmissibility of Intervention and Interference in the Internal Affairs for States
(“Non-Intervention Declaration”) Part II(o).
Lee Bollinger, prominent First Amendment scholar, has suggested that “The murder of a prominent
journalist writing for a U.S. newspaper is a prime example of the sort of “censorship abroad” that, in
today’s increasingly and inherently globalized discourse, undermines freedom of speech and the press
here in the United States.” https://www.washingtonpost.com/opinions/how-the-us-could-prosecutejamal-khashoggis-killers/2019/03/31/1f8a7f4c-5180-11e9-88a1ed346f0ec94f_story.html?utm_term=.5554a98db1a1
Non-Intervention Declaration, Chapter III, Serious Breaches of Obligations Under Peremptory Norms
of General International Law, para 2.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents