The Abolition of the Death Penalty in International Law / Edition 3by William A. Schabas
Pub. Date: 09/05/2002
Publisher: Cambridge University Press
The first step towards the creation of an international human rights norm abolishing the death penalty was taken in 1948 with the recognition of the 'right to life' in Article 3 of the Universal Declaration of Human Rights. This book traces the emergence and progressive evolution of this international legal norm through an examination of the relevant conventions of both regional and universal application as well as the specific humanitarian agreements. The author analyses the preparatory works of the relevant international conventions and resolutions, the periodic reports on the subject submitted to the United Nations Human Rights Committee, the European Commission and Court of Human Rights and the American Commission and Court of Human Rights. The work explores the different limitations that international law has placed on the imposition of the death penalty:- restricting its scope to serious crimes, and the prohibition of its application in the case of pregnant women, juveniles, the elderly and the insane. The author also examines the procedural safeguards required by international law when capital punishment is being considered. The eventual emergence of a customary norm completely abolishing the death penalty is also discussed.
- Cambridge University Press
- Publication date:
- Edition description:
- Revised Edition
- Product dimensions:
- 5.98(w) x 8.98(h) x 1.26(d)
Table of ContentsForeword; Preface to the Third Edition; Table of cases; Table of International Instruments; Abbreviations; Introduction; 1. The Universal Declaration of Human Rights and Recognition of the Right to Life; 2. The International Covenant on Civil and Political Rights: drafting, ratification and reservation; 3. Interpretation of the International Covenant on Civil and Political Rights; 4. Towards abolition: the Second Optional Protocol and other developments in the United Nations; 5. International humanitarian law; 6. International criminal law; 7. European human rights law; 8. Inter-American human rights law; 9. African human rights law; Conclusion; Appendices: I. Universal Declaration of Human Rights; II. International Covenant on Civil and Political Rights; III. Optional Protocol to the International Covenant on Civil and Political Rights; IV. Second Optional Protocol to the International Covenant on Civil and Political Rights Aimed at Abolition of the Death Penalty; V. General Comment 6(16) (excerpts); VI. Convention against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment; VII. Convention on the Rights of the Child; VIII. Safeguards guaranteeing protection of the rights of those facing the death penalty; IX. Geneva Convention Relative to the Treatment of Prisoners of War; X. Geneva Convention Relative to the Protection of Civilians; XI. Protocol Additional I to the 1949 Geneva Conventions and Relating to The Protection of Victims of International Armed Conflicts; XII. Protocol Additional II to the 1949 Geneva Conventions and Relating to The Protection of Victims of Non-International Armed Conflicts; XIII. Rome Statute of the International Criminal Court; XIV. Convention for the Protection of Human Rights and Fundamental Freedoms; XV. Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms Concerning the Abolition of the Death Penalty; XVI. Charter of Fundamental Rights of the European Union; XVII. European Union Minimum Standards Paper; XVIII. Organisation for Security and Cooperation in Europe Commitments; XIX. American Declaration on the Rights and Duties of Man; XX. American Convention on Human Rights; XXI. Additional Protocol to the American Convention on Human Rights to Abolish the Death Penalty; XXII. African Charter of Human and Peoples' Rights; XXIII. African Charter on the Rights and Welfare of the Child; XXIV. Arab Charter on Human Rights; Bibliography; Index.
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