A/HRC/41/CRP.1 355. There is no question that States’ obligation to protect applies to both citizens and noncitizens alike on the territory of the State. This is well emphasized by the Human Rights Committee when it explains that “a State party has an obligation to respect and to ensure the rights under Article 6 of all persons who are within its territory and all persons subject to its jurisdiction, that is, all persons over whose enjoyment of the right to life it exercises power or effective control.”297 356. Returning to the execution of Mr. Khashoggi and to avoid any doubt: his immigration status in the USA or in Turkey had no bearing on the responsibility of the two States to protect him against foreseeable threats to his life. This same principle would also apply in any other countries to which he may have travelled. Extra-territorial application 357. The Human Rights Committee goes further in its understanding of the scope of responsibility to protect, which in its view extends to “all persons subject to the State’s jurisdiction, that is, all persons over whose enjoyment of the right to life it exercises power or effective control.” 358. This analysis of the responsibility to protect the right to life is in keeping with developments with regard to the protection of economic rights where it has been determined that “Extraterritorial obligations arise when a State Party may exercise control, power or authority over business entities or situations located outside its territory, in a way that could have an impact on the enjoyment of human rights by people affected by such entities’ activities or by such situations298” or with the protection of child’s rights299 359. As emphasized by Milanovic, the Human Rights Committee GC36 thus “shifts the focus of the jurisdictional inquiry from that of power or control over territory or over the person, to that of power or control over the enjoyment of the right to life. In doing so, the Committee effectively endorsed the functional theory of the extraterritorial application of human rights treaties.”300 360. The Special Rapporteur deducts from the above that a State’s responsibility to protect may be invoked extra-territorially in circumstances where that particular State has the capacities to protect the right to life of an individual against an immediate or foreseeable threat to his or her life.301 361. Such understanding of the scope of the responsibility to protect is particularly relevant when applied to agencies whose mandate may have an extra-territorial scope. To the extent that they perform their functions outside national borders, or that their functions concern other States, such functions should include, whenever they may reasonably do so, the protection of those whose lives are under a foreseeable threat. 297 298 299 300 301 70 General Comment 36, para. 63. E/C12/60, para 33 CRC/C/GC/16, Section C M. Milanovic, “The Murder of Jamal Khashoggi: Immunities, Inviolability and the Human Right to Life,” at 36, 2019 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3360647Milanovic, 2019, p.25; Yuval Shany, ‘Taking Universality Seriously: A Functional Approach to Extraterritoriality in International Human Rights Law,’ (2013) 7 The Law & Ethics of Human Rights 47. European Court Judge Bonello argued, in his concurring opinion on Al-Skeini, that “Very simply put, a State has jurisdiction for the purposes of Article 1 whenever the observance or the breach of any of these functions is within its authority and control... In relation to Convention obligations, jurisdiction is neither territorial nor extraterritorial: it ought to be functional." In Al-Skeini v. UK, Eur. Ct. H.R (2011), para 9. Andrew Clapham has adopted a capacity-based approach to the human rights obligations of non-State actors. Andrew Clapham, Human Rights Obligations of Non-State Actors, Oxford University Press, 2006. In her report on the human rights obligations of non-State actors the Special Rapporteur also suggests that the obligations of Armed non-State Actors stem from their (uniquely located) capacities to respect or protect the human rights, including the right to life, of people over which they have some degree of control. A/HRC/38/44 Additionally, and worth highlighting, the HRC imposes on Member States a duty to protect individuals outside their territories against foreseeable threats to life by corporations headquartered on their territories.