A/HRC/41/CRP.1 PART VI – International accountability 419. This report has shown that the execution of Mr. Khashoggi constituted a violation of his right to life for which the State of Saudi Arabia is responsible. This violation has been compounded by Saudi Arabia’s failure to effectively investigate the execution and fairly prosecute those responsible. The secrecy attached to both the investigation and the prosecution also violates the right to know and the right to truth of the international community, his family, friends, colleagues and many around the world who also have a right to know what happened to Mr. Khashoggi; to know the nature and extent of Saudi Arabia responsibilities, the identity of the mastermind and of the other perpetrators and their respective roles in the execution of the premediated murder. This inquiry has gone some way towards fulfilling those rights by analyzing the information available to it, through the lens of international human rights law. However, far more is required to shed full light on the fate of Mr. Khashoggi. 420. This report has also demonstrated that the execution of Mr. Kashoggi in the Saudi consulate located on the Turkish territory violated two core rules of the international system: the prohibition on extraterritorial use of force and the requirement that states use consular missions for official purposes. These rules established in international law, in turn raise to the level of obligations erga omnes which are owed to the international community as a whole. 421. The Special Rapporteur has also argued that the extrajudicial execution of Mr. Khashoggi, in order to silence him, a Washington Post columnist, interfered with the United States. 422. Thus, the execution of Mr. Khashoggi raises at least three distinct international harms for which remedies must be identified and sought: 1) the violation of Mr. Khashoggi’s right to life, 2) the violation of the VCCR, and 3) the violation of the prohibition against extraterritorial use of force. The rights to remedies associated with the violation of Mr. Khashoggi’s right to life are distinct from those of Turkey and the United States, and distinct from those of the international community. Therefore, there are potentially four categories of “rights-holders” who should be able to claim redress in connection to his killing. It is troubling that to date the execution of Mr. Khashoggi has led to so few effective international responses, whether legal, political or diplomatic. In keeping with the terms of her Mandate, the Special Rapporteur will focus her analysis to the search for accountability for the violation of Mr. Khashoggi right to life.342 423. The Special Rapporteur points to previous violations of international law by the Kingdom of Saudi Arabia. This includes the attempted abduction and ill-treatment of the elected Prime Minister of a sovereign State – an extraordinarily brazen act – which was not the object of a UN Security Council Resolution. Violations of international humanitarian and human rights law by Saudi Arabia and other parties to the conflict in Yemen have been well documented by the United Nations 343 and they are the objects of repeated UNSC Resolutions.344 The extrajudicial execution of Mr. Khashoggi came in the wake of a wellevidenced campaign of human rights violations against activists and journalists as well as against businessmen and Saudi princes documented by UN Special Procedures. These violations have been the object of a joint statement by 36 States at the Human Rights Council345. Yet, following Mr. Khashoggi execution, new violations have been credibly 342 343 344 345 84 She had found that the remedies available in response to Saudi Arabia’s violation of the VCCR are largely diplomatic and that Turkey can only find relief with support of the international community, a community that has also been injured by these acts. With regard to the extraterritorial use of force, Turkey or indeed any Member State should be able to bring a dispute or situation that “might lead to international friction” to the attention of the Security Council. Once raised, the Security Council may “recommend appropriate procedures or methods of adjustment” for settlement. See U.N. Charter arts. 34–41. See for instance https://www.ohchr.org/EN/HRBodies/HRC/YemenGEE/Pages/Index.aspx https://osesgy.unmissions.org/security-council-resolutions https://www.government.is/diplomatic-missions/embassy-article/2019/03/07/Joint-statement-on-thehuman-rights-situation-in-Saudi-Arabia/

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