‘should not use “targeted killings��� as a deterrent or punishment. The State party
should ensure that the utmost consideration is given to the principle of
proportionality in all its responses to terrorist threats and activities… Before
resorting to the use of deadly force, all measures to arrest a person suspected
of being in the process of committing acts of terror must be exhausted’.211
15. Extrajudicial summary or arbitrary executions can also amount to genocide,
crimes against humanity and war crimes under international law against which
each State should protect its population.212
C. The positive obligations to safeguard life
16. The right to life also creates positive obligations on the State.213 This also
includes protecting the right to life against infringements by private actors. 214
17. The term ‘non-state actors’ can encompass a range of entities including
paramilitary groups, private forces, private individuals, among others. 215 The
Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions has
stated that where such groups operate ‘at the behest of the government, or
with its knowledge or acquiescence’, the State is then responsible in
international law for any violations they commit.216
18. For those private organisations or actors which exercise functions which are
State functions, States are required to report on their activities and the State
will still be responsible.217
19. An additional area regarding the acts of non-state actors is where the violation
was carried out by a private individual but the state failed to ‘deter, prevent and
punish the perpetrators as well as to address any attitudes or conditions within
society which encourage or facilitate such crimes’.218 In such instances the
Special Rapporteur on extrajudicial executions has noted that ‘once a pattern
becomes clear in which the response of the Government is clearly inadequate,
its responsibility under international human rights law becomes applicable.
211
Concluding observations of the Human Rights Committee: Israel, CCPR/CO/78/ISR, 21 August
2003, para. 15. Special Rapporteur on extrajudicial, summary or arbitrary executions, E/CN.4/2005/7.
See also Report of Special Rapporteur on extrajudicial, summary or arbitrary executions on Targeted
Killings, A/HRC/14/24/Add.6, May 2010.
212 General Assembly Resolution 60/1, 16 September 2005; 63/308, 14 September 2009.
213 Human Rights Committee General Comment No.6, HRI/GEN/1/Rev.6, (2003) at 127. See also
Communication 763/1997, Lantsov v Russian Federation, 26 March 2002.
214 E/CN.4/2005/7, paras 65-76.
215 Ibid.
216 Ibid, para 69.
217 Human Rights Committee, General Comment No.20, 44th Session (1992), para 13; Communication
1020/2001, Cabal and Pasini Bertran v. Australia, 7 August 2003, para. 7.2.
218 E/CN.4/2005/7, para 71.
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