A/HRC/37/50 63. These observations bring within the ambit of universal and lifelong international criminal liability not only officials, employees, contractors or private individuals directly inflicting torture and ill-treatment, but potentially also law makers, policy makers, judicial officials, military and civilian superiors and corporate managers responsible for shaping, organizing, assisting, promoting and implementing laws, policies and practices, including arrangements with other States and non-State actors, which knowingly create or maintain the circumstances in which these violations are committed. This also includes the culpable failure of military, civilian and corporate superiors to take all necessary and reasonable measures to prevent, repress, investigate and prosecute crimes which they knew, or should have known, were being committed or likely to be committed by their subordinates.97 IV. Conclusions and Recommendations A. Conclusions 64. Based on the preceding observations and considerations, and informed by broad stakeholder consultations, the Special Rapporteur, to the best of his personal judgment and conviction, comes to the following main conclusions: (a) In the recent past, widespread and increasingly systematic human rights violations committed against migrants by State officials, criminals and private citizens have not only grown into a major global governance challenge, but have become one of the greatest human tragedies of our time. (b) In this context, the Special Rapporteur salutes the broad range of individual and collective efforts undertaken by States, international organizations, civil society and private citizens throughout the world to protect the human rights and dignity of migrants and to alleviate their suffering without discrimination. (c) While recognizing that States have the prerogative and duty to exercise jurisdiction over their international borders, the Special Rapporteur recalls in the strongest terms that they must do so in full compliance with human rights law, including the absolute and non-derogable prohibition of torture and ill-treatment. (d) The primary cause for the massive abuse suffered by migrants in all regions of the world, including torture, rape, enslavement, trafficking and murder, is neither migration itself, nor organized crime, or the corruption of individual officials, but the growing tendency of States to base their official migration policies and practices on deterrence, criminalization and discrimination, rather than protection, human rights and non-discrimination. (e) Migration laws, policies and practices that knowingly or deliberately subject or expose migrants to foreseeable acts or risks of torture or ill-treatment, or that knowingly or deliberately prevent them from exercising ancillary rights designed to protect them against such abuse, are conclusively unlawful and give rise to State responsibility for the ensuing harm, irrespective of the direct attributability of the relevant acts of torture or ill-treatment. Moreover, whenever States fail to exercise due diligence to protect migrants from violations on the part of private actors, to punish perpetrators or to provide remedies, they are acquiescent or complicit in torture or illtreatment. (f) The personal involvement of policy makers and other officials, of corporate managers and of private citizens in the shaping, promotion and implementation of such policies and practices may well amount to co-perpetration, complicity or other participation in crimes against humanity or war crimes and, therefore, may give rise to universal and life-long criminal responsibility under applicable customary and treaty law. 97 18 CAT/C/GC/2(24.01.2008),§§7, 26.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents