International Law and the Death Penalty: A Toothless Tiger, or a Meaningful Force for Change
Margaret M. DeGuzman and Diane Marie Amann, Eds. ARCS OF GLOBAL JUSTICE: ESSAYS IN HONOUR OF WILLIAM A. SCHABAS 89 (Oxford 2018)
21 Pages Posted: 26 Feb 2018
Date Written: January 24, 2018
Abstract
Over the last several decades, the world has made great strides towards universal abolition of the death penalty. Since the Universal Declaration on Human Rights was adopted in 1948, nearly 100 countries have abolished the death penalty as a matter of law. European and Latin American nations have been on the forefront of abolitionist efforts, but anti-death-penalty sentiment is not limited to those regions; support for the death penalty is waning in Africa and Southeast Asia as well. All but one or two nations claim to no longer execute minors, and many of the world's leading executioners have greatly reduced the number of crimes for which the death penalty can be applied. The General Assembly of the United Nations has now passed four resolutions in favor of a universal moratorium on capital punishment, and each has been supported by a greater number of countries-even those that were previously considered staunch supporters of the death penalty.
Keywords: Death Penalty, International Law, Vienna Convention on Consular Relations, Mental Health, Legal Representation
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