“License to Kill”

International law specifies that governments have a duty to investigate and prosecute
serious violations of physical integrity, including violations of the right to life. The
Human Rights Committee has frequently reminded government of their obligation to
ensure effective remedies for violations of the right to life, including extrajudicial
executions. Governments are obligated to conduct prompt, thorough and effective
investigations through independent and impartial judicial bodies; bring to justice those
responsible for criminal offenses; provide prompt and full reparations to victims; and
prevent future violations. 260
The UN Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary,
and Summary Executions affirm that “extra-legal, arbitrary, and summary executions”
cannot be carried out “under any circumstances” and that “[g]overnments shall prohibit
by law all extra-legal, arbitrary and summary executions and shall ensure that any such
executions are recognized as offences under their criminal laws.” 261 According to the
principles, governments “shall prohibit orders from superior officers or public authorities
authorizing or inciting other persons to carry out any such extralegal, arbitrary or summary
executions. All persons shall have the right and the duty to defy such orders” (emphasis
added). The principles also affirm that training of law enforcement officials shall
emphasize these duties and prohibitions. 262
Rights Council Resolution 26/12, Mandate of the Special Rapporteur on extrajudicial, summary or arbitrary executions,
A/HRC/26/L.23, para. 3.
260 UN Human Rights Committee has stated that the ICCPR “requires that States Parties make reparation to individuals
whose Covenant rights have been violated. Without reparation to individuals whose Covenant rights have been violated, the
obligation to provide an effective remedy which is central to the efficacy of [enforcing the ICCPR] is not discharged. … [T]he
Covenant generally entails appropriate compensation.” Human Rights Committee, General Comment No. 31, International
covenant on civil and political rights, para. 16. Compensation covers material losses, such as medical expenses and the loss
of earnings, as well as economically assessable moral damage, such as pain and suffering. Basic Principles and Guidelines
on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law, adopted on December 16, 2005, U.N. Doc. A/Res/60/147, principle 20.
261 UN Economic and Social Council, Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and
Summary Executions, Resolution 1989/65 (1989), U.N. Doc. E/1989/89 (1989), principle 1.
262 Ibid., paras. 1, 3.
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