the first appointment of a person to study a common forms of extrajudicial executions particular type of human rights violation include killings caused by excessive use of on a worldwide basis. In the following force by enforcement officials, sections examples of the Special indiscriminate killings of civilians and reports on states will be murder by state security forces or Rapporteur’s further examined. paramilitary groups (group of civilians organized in a military fashion, especially While the following guide will deeply to operate in place of or assist regular inspect the causes and impacts of the when these are not army troops), extrajudicial executions it is important to adequately investigated, prosecuted or note that extrajudicial executions are not a punished. The state has to be involved in or problem that can only be found in certain at least tacitly accept the mission of the regions or only in low-income countries, killings; therefore, to express it in different almost every country faces or has faced words: Extrajudicial execution is when extrajudicial executions. This also reflects state kills someone without due process that the measures in combating the of law or tolerates a killing made by the extrajudicial executions must be non-state actors. While one of the most independent from any nation and only important characteristics of extrajudicial linked to the idea of protection of the right execution is that they are carried out outside to life. the ambit of law; aforementioned state I. Defining Extrajudicial Executions involvement may happen directly or In its broad context the term “extrajudicial indirectly as follows: executions which executions” encompasses Extrajudicial execution can be made violate domestic penal or humanitarian law. by direct agents of the state (such as The word extrajudicial is explained in the the military or law enforcement), UN Multilingual Terminology Database as Presupposing that the private citizen “done outside of a court's jurisdiction; not does not have an affirmative defence founded upon or dependent upon the that would hold up in the state’s The definition of authority of a court“. courts (in other words when the is extensive; it “extrajudicial execution” killing is unjust), extrajudicial covers any killing by both government execution can be made by private forces and other groups, when the citizens whom the state chooses not government fails to investigate and to punish for their actions by using prosecute them in a position to do so. Most
the first appointment of a person to study a particular type of human rights violation on a worldwide basis. In the following sections examples of the Special Rapporteur’s reports on states will be further examined. While the following guide will deeply inspect the causes and impacts of the extrajudicial executions it is important to note that extrajudicial executions are not a problem that can only be found in certain regions or only in low-income countries, almost every country faces or has faced extrajudicial executions. This also reflects that the measures in combating the extrajudicial executions must be independent from any nation and only linked to the idea of protection of the right to life. I. Defining Extrajudicial Executions In its broad context the term “extrajudicial executions” encompasses executions which violate domestic penal or humanitarian law. The word extrajudicial is explained in the UN Multilingual Terminology Database as “done outside of a court's jurisdiction; not founded upon or dependent upon the authority of a court“. The definition of “extrajudicial execution” is extensive; it covers any killing by both government forces and other groups, when the government fails to investigate and prosecute them in a position to do so. Most common forms of extrajudicial executions include killings caused by excessive use of force by enforcement officials, indiscriminate killings of civilians and murder by state security forces or paramilitary groups (group of civilians organized in a military fashion, especially to operate in place of or assist regular army troops), when these are not adequately investigated, prosecuted or punished. The state has to be involved in or at least tacitly accept the mission of the killings; therefore, to express it in different words: Extrajudicial execution is when state kills someone without due process of law or tolerates a killing made by the non-state actors. While one of the most important characteristics of extrajudicial execution is that they are carried out outside the ambit of law; aforementioned state involvement may happen directly or indirectly as follows: Extrajudicial execution can be made by direct agents of the state (such as the military or law enforcement), Presupposing that the private citizen does not have an affirmative defence that would hold up in the state’s courts (in other words when the killing is unjust), extrajudicial execution can be made by private citizens whom the state chooses not to punish for their actions by using
GA3.%20SOCHUM.docx