A/HRC/41/36
Universal jurisdiction
24.
The Special Rapporteur has found that the killing of Mr. Khashoggi constitutes an
international crime over which States should claim universal jurisdiction. The killing of Mr.
Khashoggi is a violation of a jus cogens norm. It violates the provisions of the Vienna
Convention and the prohibition against the extraterritorial use of force in times of peace.
The circumstances of the execution may amount to an act of torture under the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It is a
continuing case of enforced disappearance since the remains of Mr. Khashoggi have not
been located. It concerns a journalist in self-imposed exile. His execution has an enduring
international impact.
Accountability
25.
The Special Rapporteur is concerned that legal accountability for the execution of
Mr. Khashoggi is being made difficult to obtain. The trial under way in Saudi Arabia will
not deliver credible accountability; Turkey has not yet initiated proceedings and hopes for
credible accountability are weak in countries with a track record of imprisonment of
journalists. Jurisdictional challenges and the impossibility of conducting a trial in absentia
mean that a trial in the United States will face many challenges. In the present report, the
Special Rapporteur makes a number of proposals on how some of those issues may be
addressed, while warning that no single proposal on its own will deliver credible
accountability.
III. Responsibility to protect and duty to warn
26.
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 emergencies.
It is a norm of jus cogens, and is protected by international and regional treaties, customary
international law and national legal systems. The “preservation of this right is one of the
essential functions of the State and numerous provisions of national legislation … establish
guarantees to ensure the enjoyment of this right”. 4 The responsibility to respect the right to
life applies extraterritorially, at a minimum to those under the effective control of the State. 5
Irrespective of the applicability of treaty provisions recognizing the right to life, States are
bound to ensure the realization of the right to life when they use force, whether inside or
outside their borders.6
27.
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.
28.
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.” 7
Arbitrary deprivation of life includes targeted, intentional killing by States, also referred to
as extrajudicial execution.
29.
A State is obligated to take all necessary steps to ensure that its officials do not
perpetrate an attack causing an extrajudicial killing or arbitrary deprivation of life. 8 In
particular, a State must take all necessary steps to prevent killings, including by ensuring
“strict control, including a clear chain of command over all officials responsible for
apprehension, arrest, detention, custody and imprisonment” and prohibiting “orders from
4
5
6
7
8
6
A/37/564, para. 22.
Human Rights Committee, general comment No. 36 (2018), para. 63.
A/68/382, para. 43.
Human Rights Committee, general comment No. 36, para. 12.
Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary
Executions.
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