A/HRC/41/CRP.1 345. One evident implication of the obligation to protect against actions by other States is that its implementation is likely to involve Intelligence agencies whose mandates includes monitoring foreign States within and outside national territories. 346. The responsibility of Intelligence agencies to protect the right to life also stems from the well-recognized principle according to which State’s obligation to protect applies to all Governmental institutions: “The duty to protect by law the right to life also requires States parties to organize all State organs and governance structures through which public authority is exercised in a manner consistent with the need to respect and ensure the right to life, [52] including establishing by law adequate institutions and procedures for preventing deprivation of life, investigating and prosecuting potential cases of unlawful deprivation of life, meting out punishment and providing full reparation.”286 347. The duty to protect demands that States be particularly aware of the vulnerabilities of some individuals, whose lives may be particularly at risk because of their activities or because of their identity. “These include human rights defenders, officials fighting corruption and organized crime, humanitarian workers, journalists, prominent public figures, witnesses to crime, and victims of domestic and gender-based violence and human trafficking.”287 A duty to warn 348. Once a risk to life has been identified, “States parties must respond urgently and effectively in order to protect individuals who find themselves under a specific threat, by adopting special measures such as the assignment of around-the-clock police protection, the issuance of protection and restraining orders against potential aggressors and, in exceptional cases, and only with the free and informed consent of the threatened individual, protective custody. ”288 349. Various authoritative sources around the world have recognized a duty by law enforcement to warn intended victims of threats to their safety. For instance, British police departments have responded to Osman by enacting policies that require officers to warn intended victims if they have intelligence of a real and immediate threat to the intended victim’s life. In fact, in 2017, the police in England and Wales issued more than 776 socalled “Osman warnings” or “threat to life” notices.289 Between 2012 and 2015, police forces throughout the U.K. issued 1,948 notices.290 350. A particularly well-developed and public elaboration of the duty is found in the US Intelligence Community Directive 191, which was issued in 2015 by Director of National Intelligence, James Clapper.291 Its key features are as follows: (a) The Directive states that if a U.S. intelligence agency “acquires credible and specific information indicating an impending threat of intentional killing, serious bodily injury, or kidnapping,” that agency has a duty to warn the intended victim. (b) The duty to warn is owed to all intended victims, regardless of whether they are U.S. or non-U.S. persons. Specifically, the Directive states that intelligence 286 287 288 289 290 291 68 against torture enshrined in article 7 of the ICCPR. The same conclusion applies to surrendering a prisoner to a situation where he/she could be killed or disappeared. See Articles 2, 3, 10 and 14 of the United Nations Declaration on the Protection of All Persons from Enforced Disappearance. GC36, para 19 CCPR/C/GC36, para. 23 GC36, para 23; Regional Courts have further given practical meaning to States’ responsibility to protect through the enaction of protectionary or interim measures or urgent measures the States must take to avoid irreparable harm to persons or groups of persons who are in imminent peril. See https://www.thesun.co.uk/news/6938036/osman-warning-death-threat-life-police/. See https://www.huffingtonpost.co.uk/2015/10/28/osman-warning-letters-life-indanger_n_8405568.html? See Intelligence Community Directive 191, available at https://www.justsecurity.org/wpcontent/uploads/2018/10/Intelligence-Community-Directive-ICD-191-duty-to-Warn.pdf.

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