A/HRC/41/CRP.1 433. Second, as highlighted previously, under international human rights law, the killing of Mr. Khashoggi is a violation of a jus cogen norm; a norm that “holds the highest hierarchical position among all other norms and principles. As a consequence of that standing, jus cogens norms are deemed to be "peremptory" and non-derogable.” 352 The prohibition against arbitrary deprivation of life, such as an extrajudicial killing, is also part of customary law. The killing of Mr. Khashoggi further attracts the matter of individual responsibilities of the State officials responsible for the execution. In addition, the circumstances of the execution of Mr. Khashoggi mean that at least two additional international obligations have been violated, namely those arising from the VCCR and the prohibition against extraterritorial use of force under the UN Charter. 434. These characteristics give rise to the second compelling argument as to why the execution of Mr. Khashoggi constitutes an international crime. Violations of jus cogens norms by definition, “affect the interests of the world community as a whole because they threaten the peace and security of humankind and because they shock the conscience of humanity.”353 435. A counter-argument may be that a single state premeditated killing, as gruesome as its execution may have been, does not “shock humanity,” and therefore that it does not reach the level of gravity required for an international crime. On the other hand, there is no valid legal argument according to which a single crime is deemed less “serious” or less shocking than several. A single war crime violates international humanitarian law and may constitute an international crime providing for universal jurisdiction. Several crimes may attract a higher sentence than a single one does, however that does not make the single crime less “serious”. Ultimately, “gravity” is about ethical and political considerations, and determinations may also reflect cultural and other sensitivities. Governments, parliaments and the judiciary have used their discretion (including prosecutorial discretion) to determine which crimes in their respective jurisdiction are deemed ‘international’ (in addition to war crime, crimes against humanity, genocide and the crime of aggression) and thus able to attract universal jurisdiction 436. The position that the execution of Mr. Khashoggi constitutes an international crime calling for universal jurisdiction may raise concerns over extended jurisdiction. At this point the Special Rapporteur is not suggesting that all single extrajudicial executions should be universally investigated and prosecuted. However, she emphasizes that there are no a priori legal or normative reasons to suggest that a single execution cannot rise to the level of an international crime. Contextual, case by case, analysis should be the guide. As far as the execution of Mr. Khashoggi is concerned, the nature of this single crime is both unusual and serious enough (i.e. cross-border; use of a consulate; extraterritorial use of force; a journalist in exile in the US and Turkey; a possible act of torture, a continuing disappearance, persistent international impact), alongside the aforementioned problems regarding its investigation and prosecution to date, to raise it to the level of an international crime over which States should claim universal jurisdiction. 437. As a consequence of the analysis that the nature of the execution of Mr. Khashoggi amounts to an international crime attracting universal jurisdiction, the Special Rapporteur is calling on States to take the necessary measures to establish their competence to exercise jurisdiction under international law over this crime of extrajudicial execution when the alleged perpetrator(s) are present in any territory under its jurisdiction, unless it extradites or surrenders the alleged offender to another State in accordance with its international obligations or surrenders him or her to an international tribunal with jurisdiction over the alleged offences. Perpetrators should not be allowed to benefit from any legal measures exempting them from criminal prosecution or conviction. All States have an obligation to ensure that any persons identified as individually responsible by an independent, impartial and effective investigation into the extrajudicial execution of Jamal Khashoggi are promptly brought to justice. 352 353 M. Cherif Bassiouni, International Crimes: Jus Cogens and Obligatio Erga Omnes, 59 Law & Contemp. Probs. 63 (1996), p.67 Bassiouni, 1996, p.69 87

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents