The Abolition of the Death Penalty in International Law / Edition 3

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Overview

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.
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Editorial Reviews

From the Publisher
'... a useful introduction to the subject ... As the previous two editions, the book is a very accurate description of the movement towards the abolition of the death penalty in international law ... offers the reader a praiseworthy guide to the field to which it is dedicated. It would be very useful for academics, as well as human rights activists. In addition, the preface by the President of the International Court of Justice, as well as the extensive normative material included in the book as appendices, undoubtedly increase its instructive and learning value for all it has been designed for.' German Yearbook of International Law
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Product Details

  • ISBN-13: 9780521814911
  • Publisher: Cambridge University Press
  • Publication date: 9/5/2002
  • Edition description: Revised Edition
  • Edition number: 3
  • Pages: 459
  • Product dimensions: 5.98 (w) x 8.98 (h) x 1.26 (d)

Table of Contents

Foreword
Preface to the third edition
Table of cases
Table of international instruments
List of abbreviations
Introduction 1
1 The Universal Declaration of Human Rights and recognition of the right to life 23
2 The International Covenant on Civil and Political Rights: drafting, ratification and reservation 45
3 Interpretation of the International Covenant on Civil and Political Rights 93
4 Towards abolition: the Second Optional Protocol and other developments 155
5 International humanitarian law 211
6 International criminal law 235
7 European human rights law 259
8 Inter-American human rights law 311
9 African human rights law 355
Conclusion 363
App. 1 Universal Declaration of Human Rights 379
App. 2 International Covenant on Civil and Political Rights 380
App. 3 Optional Protocol to the International Covenant on Civil and Political Rights 389
App. 4 Second Optional Protocol to the International Covenant on Civil and Political Rights Aiming at the Abolition of the Death Penaly 397
App. 5 General Comment 6(16) (excerpts) 402
App. 6 Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment 403
App. 7 Convention on the Rights of the Child 406
App. 8 Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty 413
App. 9 Geneva Convention Relative to the Treatment of Prisoners of War 414
App. 10 Geneva Convention Relative to the Protection of Civilians 416
App. 11 Protocol Additional I to the 1949 Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts 420
App. 12 Protocol Additional II to the 1949 Geneva Conventions and Relating to the Protection of Victims of Non-International Armed Conflicts 421
App. 13 Rome Statute of the International Criminal Court 422
App. 14 Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) 423
App. 15 Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms Concerning the Abolition of the Death Penalty 424
App. 16 Charter of Fundamental Rights of the European Union 430
App. 17 European Union Minimum Standards Paper 431
App. 18 Organization for Security and Cooperation in Europe Commitments 433
App. 19 American Declaration on the Rights and Duties of Man 435
App. 20 American Convention on Human Rights 436
App. 21 Additional Protocol to the American Convention on Human Rights to Abolish the Death Penalty 438
App. 22 African Charter of Human and Peoples' Rights 440
App. 23 African Charter on the Rights and Welfare of the Child 441
App. 24 Arab Charter on Human Rights 442
Bibliography 443
Index 454
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