A/HRC/41/CRP.1 extraterritorially. This creates not only rights on the part of Turkey and the international community but also obligations on all States to ensure that the violation ends and is nonrecurring.190 Violation of the Vienna Diplomatic and Consulate Immunities191 223. Mr. Khashoggi’s killing occurred in the Consul General’s office with the involvement of at least some people who had diplomatic immunity. This State act constituted a gross and egregious violation of the Vienna Convention on Consular Relations (VCCR) and stymied efforts on the part of Turkey to investigate the crime. Using a consulate to kill and hide the crime undoubtedly violated Turkey’s rights under the VCCR, but it also undermined core principles critical to the functioning of international relations. 224. That the killing violated the VCCR does not require explanation. Consular premises “shall not be used in any manner incompatible with the exercise of consular functions” (Art. 55(2)), and officers are required to “respect the laws and regulations of the receiving State” (Art. 55(1)). Murder, as well as kidnapping, is an incompatible use and does not respect Turkey’s domestic law. 225. The location of the murder, and the diplomatic and consular immunity of some of the perpetrators, undermined efforts of Turkey to respond to this crime. Article 31 of the VCCR, “Inviolability Of The Consular Premises,” provides that the receiving State may not enter that part of the consular premises “used exclusively for the purpose of the work of the consular post” except with the consent of the head of the consular post or his designee or the sending state’s ambassador. Once Turkey publicly announced its awareness that Mr. Khashoggi had been murdered, Saudi Arabia deliberately used consular immunity to stall Turkey’s investigations until the crime scene could be thoroughly cleaned. 192 226. The International Court of Justice has emphasized the critical role of the VCCR and VCDR in facilitating international relations and preserving the peace. The “institution of diplomacy, with its concomitant privileges and immunities, has withstood the test of centuries and proved to be an instrument essential for effective cooperation in the international community, and for enabling States, irrespective of their differing constitutional and social systems, to achieve mutual understanding and to resolve their differences by peaceful means”.193 The maintenance of these rules “is vital for the security and well-being of the complex international community of the present day, to which it is more essential than ever that the rules developed to ensure the ordered progress of relations between its members should be constantly and scrupulously respected.”194 Violation of the customary law against extraterritorial use of force 227. Article 2(4) of the United Nations Charter provides that all members “shall refrain in their international relations from the threat or use of force against the territorial integrity or 190 191 192 193 194 Ibid., Art. 41, 48. Turkey’s interception or monitoring of the Saudi consulate’s official communications is discussed in Part VI of the report. It most likely violated the VCCR provisions regarding the inviolability of the Saudi Consular communications. But it is questionable whether such violation amounts to an international wrongful act. Further, it cannot be seen to be on par with the use of a Consulate for an extrajudicial execution. The VCCR’s limits on interviewing and prosecuting consulate employees did not apply in this case. Most of those responsible had already left the country before Turkey was fully aware of the magnitude of the crime, but if they had remained, Turkey would have been able to arrest them, despite any immunity, for a ‘grave crime’ (VCCR, Art. 41). Turkey also was able to compel witness testimony, as that testimony relates to a murder, not consular functions (VCCR, Art. 44). Interestingly, and no doubt not coincidentally, the private plane transporting the team that killed Mr. Khashoggi revised its flight plan to flag the flight as diplomatic, thereby triggering immunities under the VCCR. They left the country before their immunity could be tested. Case concerning United States Diplomatic and Consular Staff, Order of 15 December 1979, para. 39. Case concerning the United States Diplomatic and Consular Staff in Tehran, Judgement of 24 May 1980, para. 92. 45