A/HRC/41/CRP.1 General himself should be able to establish an international follow-up criminal investigation without any trigger by a State.348 428. However, the success of any criminal investigation will require the cooperation of both Turkey and Saudi Arabia, and of any other State whose intelligence or other services may be in possession of evidence relating to the offences, in the first place the United States. A criminal investigation should seek to access empirical evidence not made available to the Special Rapporteur and to address the legal issues and context that the Special Rapporteur could not explore sufficiently here. As already highlighted, this human rights inquiry is not a substitute for a criminal investigation nor is it a court of law. In particular, this inquiry did not have the resources, technical support or authority to establish a full basis on which to draw and give effect to definitive conclusions as to culpability or legal liabilities. However, it has identified compelling evidence that demands further investigation, including into specific situations and identifiable individuals, particularly for the purpose of determining individual liability conclusively and to legal standard. A criminal investigation in follow-up to this inquiry should seek to do just that and if it concludes that such an outcome is warranted it should put forward proposals towards judicial accountability. Options may include the establishment of an extraordinary ad hoc tribunal or a hybrid tribunal. II. Universal Jurisdiction 429. The Special Rapporteur believes that the killing of Mr Kashoggi constitutes an international crime falling within the parameters of universal jurisdiction. Definitions of international crimes and lists of international crimes are almost as diverse as there are eminent legal experts349 or indeed national jurisdictions. However, they tend to agree on the more basic characteristics of an international crime, particularly that: 1) it impacts on the peace or safety of more than one state; 2) it shocks the conscience of humanity; 3) it is derived from an international treaty or from customary international law; 4) its violation attracts the criminal responsibility of individuals. 430. Universal Jurisdiction over the execution of Mr. Khashoggi may be made under the Convention Against Torture to the extent that his killing was considered by the Committee Against Torture as falling within the terms of the Convention. 431. The Special Rapporteur is of the opinion that, in the absence of clear and consensusbased rules on what constitutes an international crime and on which crimes attract universal jurisdiction. 350 a number of arguments may be made in support of the position that the execution of Mr. Khashoggi does rise to the level of an international crime attracting universal jurisdiction. 432. First, his killing may have amounted to an act of torture or ill-treatment, prohibited by the Convention Against Torture. Article 14 of the Convention, which contains no geographic restriction, requires each state party to ensure in its legal system that any victim of an act of torture, regardless of where it occurred, obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. 351 348 349 350 351 86 There is at least one precedent when Secretary General Ban Ki Moon established a Panel of Experts on Accountability in Sri Lanka, UN Doc. SG/2151 (26 May 2009) Compare for instance G. Werle, Principles of International Criminal Law, 2nd edn. T.M.C. Asser Press: The Hague 2009, p. 29; A. Cassese, International Criminal Law, Oxford University Press: Oxford 2003; Cherif Bassiouni, ‘International Crimes: The Ratione Materiae of International Criminal Law’, in: M. Cherif Bassiouni (ed.), International Criminal Law. Vol. I: Sources, Subjects and Contents, 3rd ed., Martinus Nijhoff Publishers: Leiden 2008; Y.Q. Naqvi, Impediments to Exercising Jurisdiction over International Crimes, T.M.C. Asser Press: The Hague 2010, The lack of consensus was well reflected by the UNGA sixth committee discussion on universal jurisdiction. Christopher Keith Hall, The Duty of State Parties to the Convention Against Torture To Provide Procedures to Permit Victims to Recover reparation for Torture Committed Abroad, EJIL (2007), Vol. 18 No. 5, 921–937; Committee, Conclusions and recommendations, 34th Sess., 2 – 20 May 2005, UN Doc. CAT/C/CR/34/ CAN, 7 July 2005, paras 4(g), 5(f)