A/HRC/37/50 59. In sum, in the view of the Special Rapporteur, destination States cannot circumvent their own international obligations by externalizing or delegating their migration control practices to other States or non-State actors beyond their jurisdictional control. Instead, any instigation, support, or participation on their part may give rise to complicity in, or jointresponsibility for, unlawful "pullback" operations and the resulting human rights violations, including torture and ill-treatment. F. Implications under International Criminal Law 60. As has been shown, throughout the world, migrants are subject to widespread and serious human rights violations, including not only torture, but also murder, enslavement, deportation and forcible transfer, arbitrary detention, rape, sexual slavery, enforced prostitution and other forms of sexual violence, persecution, enforced disappearance, apartheid and other inhumane acts of a similar character. In many contexts, these violations are the direct or indirect result of deliberate policies and practices adopted by States with a view to deterring, punishing or controlling irregular migration. In other contexts, they are caused by criminal groups or aggressive behaviour on the part of the local population. For the most part, these violations follow a programmatic pattern that can only be described as systematic. 61. In view of the scale and gravity of these violations, and their irrefutable causal connection to the policies, practices and failures of States, the Special Rapporteur feels compelled to recall that widespread or systematic breaches of the most fundamental human rights engage not only the legal responsibility of States but also give rise to the possibility of individual criminal responsibility for crimes against humanity and war crimes before international and national courts. These crimes are well-established in customary international law, within the Statute of the International Criminal Court (ICC) and in many national legal systems.90 62. Significantly, criminal "intent" does not require that torture and ill-treatment be the desired purpose or outcome of a law, policy or practice. Under the ICC Statute, intent is already established when perpetrators are aware that, “in the ordinary course of events”, their conduct or omissions will expose persons to torture and ill-treatment,91 whereas under customary international law that threshold is even lower and only requires the perpetrators' awareness of "a substantial likelihood" that torture or ill-treatment would occur as a consequence of their conduct.92 Moreover, crimes against humanity and war crimes can be committed not only through personal perpetration, but also through various forms of participation in the conduct of others, such as co-perpetration, complicity, instigation, joint criminal liability and superior responsibility. 93 Where persons have a legal duty to prevent torture and ill-treatment within their sphere of influence, culpable failure to do so may entail criminal responsibility by omission. Last but not least, neither official capacity94 nor superior orders95 provide immunity from prosecution, and both war crimes and crimes against humanity are subject to universal jurisdiction and exempt from statutes of limitation.96 90 91 92 93 94 95 96 Art.7(1) and 8 ICC Statute. For a database of relevant national law and jurisprudence, see: https://www.legal-tools.org/ Art.30 ICC Statute. ECCC, Prosecutor_v._KAING_Guek_Eav_alias_"Duch"(No.001/18-07-2007/ECCC/TC), Jgmt_26.07.2010, §481; ICTR, Prosecutor_v._Nahimana_et_al.(99-52-A), Jgmt 28.11.2007, §479; SCSL, Prosecutor_v._Brima_et_al.(2004-16-A), Jgmt 22.02.2008, §§242-247. Art.25, 28 ICC Statute; CAT/C/GC/2(24.01.2008), §26. Art.27 ICC Statute. Art.33 ICC Statute; Art 2(3)_UNCAT; CAT/C/GC/2(24.01.2008), §26. Art.29 ICC Statute. See also: Amnesty International, "Universal_Jurisdiction:_A_Preliminary_Survey _of_Legislation_Around_the_World" (Updated 2012); UN Convention_on_the_Non-Applicability_of _Statutory_Limitations_to_War_Crimes_and_Crimes_against_Humanity (1968); European_Convention_on_the_NonApplicability_of_Statutory_Limitations_to_Crimes_against_Humanity_and_War_Crimes (1974), and Rule 160 ICRC Customary International Humanitarian Law Study. 17