The Death Penalty Under International Law

International law does not ban the death penalty outright, but it places strict limits on it and points clearly toward abolition. Understanding those limits explains why a death sentence connected to expression causes such serious concern.

The “most serious crimes” limit

Article 6 of the International Covenant on Civil and Political Rights protects the right to life and says that, in countries that retain it, the death penalty may be imposed only for the most serious crimes. UN human-rights bodies interpret this narrowly to mean crimes involving intentional killing. Offences involving expression, belief or non-violent conduct do not qualify.

A fair trial is essential

Because the penalty is irreversible, international law requires the strictest fair-trial guarantees in any capital case. Any shortfall in due process makes a death sentence a violation, whatever the underlying charge.

The trend toward abolition

The Second Optional Protocol to the Covenant commits states to abolition, and a large and growing majority of countries have ended the death penalty in law or in practice. The global direction is toward restriction and abolition, not expansion.

References

• International Covenant on Civil and Political Rights, Article 6.
• Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty.
• Guidance from UN human-rights bodies on the meaning of the most serious crimes.