Death Penalty Law and Global Abolition

Introduction

The death penalty remains one of the most controversial issues in criminal justice. International law increasingly restricts its use, with a growing global trend toward abolition.

International Legal Framework

The Second Optional Protocol to the ICCPR aims at abolition of the death penalty. The Convention Against Torture prohibits cruel, inhuman, or degrading punishment. Regional human rights instruments in Europe and Latin America prohibit capital punishment.

Restrictions on Use

Where the death penalty is retained, international law restricts its application to the most serious crimes (intentional killing), prohibits its use against juveniles, pregnant women, and persons with mental disabilities, and requires fair trial guarantees and rights of appeal and clemency.

Global Trends

Over two-thirds of countries have abolished the death penalty in law or practice. Retentionist countries increasingly limit its application. Execution methods, disclosure of execution drugs, and the risk of executing innocent persons remain concerns.

Conclusion

The global trend toward abolition reflects evolving standards of human dignity, though significant regional variations remain in death penalty practice.