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/
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents