Should countries use universal jurisdiction in the Khashoggi case?

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Countries Should Invoke Universal Jurisdiction in the Khashoggi Case

The United Nations investigator into the killing of Saudi journalist Jamal Khashoggi has urged countries to employ universal jurisdiction to address what she termed an international crime. This legal principle allows for the prosecution of serious offenses regardless of where they occurred, suggesting that arrests could be made if individual responsibility is established. The UN special rapporteur on extrajudicial executions, Agnes Callamard, specifically pointed to potential actions by US authorities regarding intercepted communications involving Saudi Crown Prince Mohammed bin Salman.
Call for Universal Jurisdiction Invocation

Agnes Callamard, the UN special rapporteur on extrajudicial executions, has explicitly called for nations to invoke universal jurisdiction in the case of Jamal Khashoggi's killing. She characterised the event as an international crime, indicating that the legal framework of universal jurisdiction is applicable. This approach allows for judicial authorities in countries that recognise it to pursue justice for grave offences.
Basis for Potential Arrests

Callamard stated that arrests would be warranted if the responsibility of individuals involved in Khashoggi's killing is proven to a degree that necessitates apprehension. This assertion underscores the investigative and prosecutorial power that universal jurisdiction grants to states. The principle extends to holding individuals accountable for severe international crimes, irrespective of their nationality or the location of the crime.
Examination of US Intelligence and Warnings

The UN investigator also addressed reports concerning intercepted communications from Saudi Crown Prince Mohammed bin Salman regarding an alleged plot. While Callamard could not substantiate these reports, she suggested that US authorities should have investigated such claims. Furthermore, she indicated that Khashoggi, a US resident at the time of his death, should have been issued a warning if these communications suggested a threat.
Definition and Scope of Universal Jurisdiction

Universal jurisdiction is a legal concept that permits judicial bodies of a state to prosecute individuals for certain international crimes, such as war crimes and torture, even if the crimes were committed outside that state's territory and regardless of the perpetrator's or victim's nationality. This principle aims to ensure that perpetrators of the most serious international offences do not find safe haven and are brought to justice.

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Should countries use universal jurisdiction in the Khashoggi case?

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