scholarly journals WILLIAM A. SCHABAS, The Abolition of the Death Penalty in International Law, Cambridge, Grotius Publications, 1993, 384 p., ISBN 1-85701-012-4.

1993 ◽  
Vol 34 (4) ◽  
pp. 1285
Author(s):  
J. Maurice Arbour
Keyword(s):  
International Law ◽  
Death Penalty

International Law and the Death Penalty

2018 ◽  
Author(s):  
Sandra L. Babcock
Keyword(s):  
United States ◽  
Intellectual Disabilities ◽  
International Law ◽  
Death Penalty ◽  
The United States ◽  
International Norms ◽  
Mental Illnesses ◽  
Vienna Convention ◽  
Time Section ◽  
Over Time

Section I of this chapter examines the potential of international law to promote abolition of the death penalty and the challenges that prevent the full realization of that potential. Section II provides a brief overview of how international norms relating to the application of the death penalty have evolved over time. Section III provides three examples of how their impact has been limited in practice, focusing on the application of the death penalty to individuals with mental illnesses and intellectual disabilities, as well as the failure of the United States to comply with its obligations under the Vienna Convention on Consular Relations. Finally, Section IV suggests a number of prescriptive measures to address these limitations. It describes an innovative project in Malawi to obtain the resentencing of prisoners condemned to death and discusses potential revisions to the Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty.

scholarly journals Does Custom Have A Source?

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 179-183 ◽  
Author(s):  
Daniel Bodansky
Keyword(s):  
Human Rights ◽  
International Law ◽  
Death Penalty ◽  
Political Rights ◽  
Customary International Law ◽  
Department Of State ◽  
International Court ◽  
Clear Idea ◽  
Death Penalty Case ◽  
The U.S

Customary international law often seems like a riddle wrapped in a mystery inside an enigma. According to Manley O. Hudson, even the drafters of the International Court of Justice Statute “had no very clear idea as to what constituted international custom.” The situation has not changed much since then.I got my first taste of the difficulties in identifying custom when I was a junior attorney at the U.S. Department of State and was assigned the task of preparing the U.S. submission in a juvenile death penalty case before the Inter-American Commission on Human Rights. The juvenile death penalty is prohibited by the International Covenant on Civil and Political Rights (ICCPR) and the American Convention on Human Rights, but the question in the Inter-American Commission case was whether it is also prohibited as a matter of customary international law.

The Federal Death Penalty and International Law

2001 ◽  
Vol 14 (1) ◽  
pp. 32-34
Author(s):  
William A. Schabas
Keyword(s):  
International Law ◽  
Death Penalty

Öcalan v. Turkey: Some Comments

2004 ◽  
Vol 17 (1) ◽  
pp. 141-154
Author(s):  
ANNEMARIEKE KÜNZLI
Keyword(s):  
Human Rights ◽  
International Law ◽  
Death Penalty ◽  
European Convention ◽  
European Court ◽  
New Interpretation

In the Öcalan case the European Court of Human Rights found itself faced with several issues that asked for a new interpretation of the European Convention on Human Rights. It had to decide on the extraterritorial scope of the Convention, on the question whether Abdullah Öcalan was arrested lawfully or illegally abducted, and on the death penalty. This article analyzes the decisions taken by the Court and puts them in a perspective of international law beyond the European Convention.

The Abolition of the Death Penalty in International Law

1994 ◽  
Vol 16 (3) ◽  
pp. 578
Author(s):  
Hugo Adam Bedau ◽  
William A. Schabas
Keyword(s):  
International Law ◽  
Death Penalty

The Lesson of Ayatollah Khalkhali

1983 ◽  
Vol 13 (4) ◽  
pp. 379-400 ◽  
Author(s):  
Arnold S. Trebach
Keyword(s):  
International Law ◽  
Death Penalty ◽  
Drug Control ◽  
Rigid Support ◽  
Criminal Sanctions ◽  
Entire Structure ◽  
The World ◽  
Official Corruption ◽  
Narcotic Drugs

The world is in the midst of a drug epidemic. Literally millions of people now use heroin, opium, morphine, cocaine, and marijuana regularly in flagrant defiance of national and international law. Hundred of thousands, perhaps millions, are engaged in supplying their illicit needs and desires. The response of most national and international leaders has been rigid support of the existing system of abstinence and prohibition often through harsh criminal sanctions involving long prison terms and, in at least 13 countries, even the death penalty. As a result of all this, drug-related crime and official corruption are rising wherever the epidemic spreads. International drug control organizations, such as the UN Commission on Narcotic Drugs, blindly support the existing system and the increasingly harsh domestic laws that prop it up. However, compromises and adjustments must be made to meet new realities. These are not radical thoughts but essentially conservative ones. Unless rational and humane changes are made soon, the entire structure of international drug control may collapse completely.

Part 7 Penalties: Les Peines, Art.80 Non-prejudice to national application of penalties and national laws/Le Statut, l’application des peines par les états et le droit national

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Law ◽  
Death Penalty ◽  
Capital Punishment ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Customary International Law ◽  
Final Draft

This chapter comments on Article 80 of the Rome Statute of the International Criminal Court. Article 80 deals with the application by States of penalties prescribed by their national law. The provision was introduced in the final draft, submitted to the Conference early in the day on 17 July 1998, as part of a compromise aimed at calming the objections of a relatively small number of States that had unsuccessfully campaigned to include capital punishment within the range of available penalties in the Rome Statue. Some of these States were concerned that the exclusion of the death penalty would be interpreted as evidence of a growing abolitionist trend internationally and possibly of an emerging norm of customary international law.

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