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

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

by William A. Schabas
     
 

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… See more details below

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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Product Details

ISBN-13:
9780521893442
Publisher:
Cambridge University Press
Publication date:
01/02/2003
Edition description:
REV
Pages:
459
Sales rank:
1,430,094
Product dimensions:
5.98(w) x 8.98(h) x 1.02(d)

Table of Contents

Foreword
Preface to the third edition
Table of cases
Table of international instruments
List of abbreviations
Introduction1
1The Universal Declaration of Human Rights and recognition of the right to life23
2The International Covenant on Civil and Political Rights: drafting, ratification and reservation45
3Interpretation of the International Covenant on Civil and Political Rights93
4Towards abolition: the Second Optional Protocol and other developments155
5International humanitarian law211
6International criminal law235
7European human rights law259
8Inter-American human rights law311
9African human rights law355
Conclusion363
App. 1Universal Declaration of Human Rights379
App. 2International Covenant on Civil and Political Rights380
App. 3Optional Protocol to the International Covenant on Civil and Political Rights389
App. 4Second Optional Protocol to the International Covenant on Civil and Political Rights Aiming at the Abolition of the Death Penaly397
App. 5General Comment 6(16) (excerpts)402
App. 6Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment403
App. 7Convention on the Rights of the Child406
App. 8Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty413
App. 9Geneva Convention Relative to the Treatment of Prisoners of War414
App. 10Geneva Convention Relative to the Protection of Civilians416
App. 11Protocol Additional I to the 1949 Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts420
App. 12Protocol Additional II to the 1949 Geneva Conventions and Relating to the Protection of Victims of Non-International Armed Conflicts421
App. 13Rome Statute of the International Criminal Court422
App. 14Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights)423
App. 15Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms Concerning the Abolition of the Death Penalty424
App. 16Charter of Fundamental Rights of the European Union430
App. 17European Union Minimum Standards Paper431
App. 18Organization for Security and Cooperation in Europe Commitments433
App. 19American Declaration on the Rights and Duties of Man435
App. 20American Convention on Human Rights436
App. 21Additional Protocol to the American Convention on Human Rights to Abolish the Death Penalty438
App. 22African Charter of Human and Peoples' Rights440
App. 23African Charter on the Rights and Welfare of the Child441
App. 24Arab Charter on Human Rights442
Bibliography443
Index454

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