Murder of Jamal Khashoggi: An International Law Perspective

21 Pages Posted: 20 Nov 2020

See all articles by Mehak Goel

Mehak Goel

Jindal Global Law School

Suraj Subramanian

Jindal Global Law School

Uday Bhatia

Jindal Global Law School

Utkarsh Mishra

Jindal Global Law School

Date Written: October 2, 2020

Abstract

The assassination of Jamal Khashoggi, a prominent Saudi Arabian journalist, inside the consulate of Saudi Arabia in Istanbul, Turkey, was sure to raise alarms in the international community. The murder was further scandalized as speculations arose about the involvement of the Crown Prince of Saudi Arabia and investigations revealed gross violations of public international law principles. This paper analyses the limits of consular immunity and the inviolability of consular premises. Further, the violation of the territorial sovereignty of Turkey is in question. It is argued that Turkey as a host country could have prevented the incident, as it was not faced with a conflict of norms because harmonious interpretation of the relevant norms was possible in this instance. An international crime of this magnitude requires the determination of the individual criminal responsibility of the Crown Prince, and a condemnation in the international community. This study is aimed at examining the major international law issues for this incident, that took place in broad daylight, under the garb of consular immunity, against a civilian in protected premises.

Keywords: Public International Law, Consular Immunity, Consular Premises, Territorial Sovereignty, Conflict of Norms, Individual Criminal Responsibility, Jamal Khashoggi, Saudi Crown Prince

JEL Classification: K33

Suggested Citation

Goel, Mehak and Subramanian, Suraj and Bhatia, Uday and Mishra, Utkarsh, Murder of Jamal Khashoggi: An International Law Perspective (October 2, 2020). Available at SSRN: https://ssrn.com/abstract=3704213 or http://dx.doi.org/10.2139/ssrn.3704213

Mehak Goel

Jindal Global Law School ( email )

Sonipat Narela Road, Near Jagdishpur Village
Delhi NCR
Sonipat, DE Delhi NCR 131001
India

Suraj Subramanian

Jindal Global Law School ( email )

Sonipat Narela Road, Near Jagdishpur Village
Delhi NCR
Sonipat, DE Delhi NCR 131001
India

Uday Bhatia

Jindal Global Law School ( email )

Sonipat Narela Road, Near Jagdishpur Village
Delhi NCR
Sonipat, DE Delhi NCR 131001
India

Utkarsh Mishra (Contact Author)

Jindal Global Law School

Sonipat Narela Road
Near Jagdishpur Village
Sonipat, Haryana 131001
India

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