A/HRC/41/CRP.1 agencies are “require[d] to warn U.S. and non-U.S. persons of impending threats of intentional killing, serious bodily injury, or kidnapping.” (c) Importantly, however, the Directive explicitly does not create a legal right under which citizens may sue. It states: “This Directive is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, or entities, its officers, employees or agents, or any other person.”292. 351. Anecdotal evidence indicates that Intelligence agencies, other than those of the United States, do warn individuals against imminent risks to their life, although they do not report or comment publicly on this role. For instance, a Rwandan dissident living in Belgium, Faustin Twagiramungu, reported in 2014 he had been warned by Belgian security services of an apparent plot by the Rwandan government to assassinate him293. In 2018, Hasan Cücük, a Turkish reporter, who had been in Denmark since the 90s, was reportedly rushed to a safe place by the Danish Security and Intelligence Service (Politiets Efterretningstjeneste or PET) after a serious threat to his life was detected.294 In 2018, a number of European Security agencies took actions to protect Iranian dissidents residing on their territories against credible threats to their life295. In May 2019, Norwegian security authorities took actions to protect a dissident living on its territory against credible threats from Saudi Arabia296. 352. How the duty is actually implemented may only be inferred from such anecdotes given the secrecy under which most Intelligence operations are conducted, including those aimed at protecting someone’s life. Of particular concern are the circumstances under which Intelligence agencies determine that the duty to warn should not be pursued. For instance, the US Directive allows for a waiver of the duty in limited circumstances, including (1) when the intended victim is already aware of the threat, is at risk only as a result of participation in an armed conflict, or is involved in drug trafficking or violent crime; (2) when any attempt to warn the intended victim would unduly endanger the personnel, sources, methods, intelligence operations, or defense operations of the U.S. government or a foreign government with whom the U.S. has formal agreements or liaison relationships; and (3) when there is no reasonable way to warn the intended victim. 353. While the US Directive stipulates that close cases “should be resolved in favor of informing the intended victim”, there is no way of knowing whether or not this is faithfully implemented, in the absence of public reporting on the implementation of the duty to warn, in the United States or elsewhere. Citizens and non-Citizens alike 354. It may be worth repeating here that Article 6 recognizes and protects the right to life of all human beings. Paragraph 1 of Article 6 of the Covenant lays the foundation for the obligation of States parties to respect and to ensure the right to life, to give effect to it through legislative and other measures, and to provide effective remedies and reparation to all victims of violations of the right to life. 292 Following the execution of Mr. Khashoggi, the Knight Institute and CPJ specifically sought documents on the implementation of their duty to warn from the Office of the Director of National Intelligence, the NSA, CIA, FBI, and Department of State. Responses are available here: https://knightcolumbia.org/content/knight-institute-and-committee-protect-journalists-v-cia-foia-suitrecords-governments-duty 293 ‘Rwandan dissident in Belgium warned of suspected targeted attack,’ The Globe and Mail, 14 May 2014, at https://www.theglobeandmail.com/news/world/rwandan-dissident-in-belgium-a-suspectedtarget/article18653424/ 294 https://observatoryihr.org/priority_posts/erdogans-thugs-plot-to-kill-turkish-journalist-in-denmark/ Efforts by the Special Rapporteur to get the allegation story confirmed elicited a “No Comment” from the Danish authorities. 295 In January 2019, the Dutch government alleged that Iranian authorities were behind the murder of two Dutch citizens on its territory. The allegations based on credible evidence led the European Union to adopt a range of sanctions against Iran. https://www.consilium.europa.eu/en/policies/sanctions/iran/ 296 Personal communication 69