- Title Pages
- Contributors
- Foreword
- Acknowledgements
- William Schabas
- 1 Human Rights and International Criminal Justice in the Twenty-First Century
- 2 William Schabas, the Canadian Charter of Rights and Freedoms, and International Human Rights Law
- 3 The International Convention for the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty
- 4 The Politics of Sectarianism and Its Reflection in Questions of International Law and State Formation in the Middle East
- 5 International Law and the Death Penalty
- 6 The UN Optional Protocol on the Abolition of the Death Penalty
- 7 The Right to Life and the Progressive Abolition of the Death Penalty
- 8 Progress and Trend of the Reform of the Death Penalty in China
- 9 Criminal Law Philosophy in William Schabas’s Scholarship
- 10 Is the ICC Focusing Too Much on Non-State Actors?
- 11 The Principle of Legality at the Crossroads of Human Rights and International Criminal Law
- 12 Revisiting the Sources of Applicable Law before the ICC
- 13 The ICC as a Work in Progress, for a World in Process
- 14 Legacy in International Criminal Justice
- 15 Torture by Private Actors and ‘Gold-Plating’ the Offence in National Law
- 16 Secrets and Surprises in the <i>Travaux Préparatoires</i> of the Genocide Convention
- 17 Perspectives on Cultural Genocide
- 18 Crimes against Humanity
- 19 A New Global Treaty on Crimes Against Humanity Future Prospects
- 20 Justice outside of Criminal Courtrooms and Jailhouses
- 21 Toward Greater Synergy between Courts and Truth Commissions in Post-conflict Contexts
- 22 International Criminal Tribunals and Cooperation with States
- 23 The Arc toward Justice <i>and</i> Peace
- 24 The Maintenance of International Peace and Security through Prevention of Atrocity Crimes
- 25 Law and Film
- 26 The Role of Advocates in Developing International Law
- 27 Bill the Blogger
- Index
International Law and the Death Penalty
International Law and the Death Penalty
A Toothless Tiger, or a Meaningful Force for Change?
- Chapter:
- (p.89) 5 International Law and the Death Penalty
- Source:
- Arcs of Global Justice
- Author(s):
Sandra L. Babcock
- Publisher:
- Oxford University Press
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.
Keywords: death penalty, mental illness, intellectual disability, consular relations, Malawi
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- Title Pages
- Contributors
- Foreword
- Acknowledgements
- William Schabas
- 1 Human Rights and International Criminal Justice in the Twenty-First Century
- 2 William Schabas, the Canadian Charter of Rights and Freedoms, and International Human Rights Law
- 3 The International Convention for the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty
- 4 The Politics of Sectarianism and Its Reflection in Questions of International Law and State Formation in the Middle East
- 5 International Law and the Death Penalty
- 6 The UN Optional Protocol on the Abolition of the Death Penalty
- 7 The Right to Life and the Progressive Abolition of the Death Penalty
- 8 Progress and Trend of the Reform of the Death Penalty in China
- 9 Criminal Law Philosophy in William Schabas’s Scholarship
- 10 Is the ICC Focusing Too Much on Non-State Actors?
- 11 The Principle of Legality at the Crossroads of Human Rights and International Criminal Law
- 12 Revisiting the Sources of Applicable Law before the ICC
- 13 The ICC as a Work in Progress, for a World in Process
- 14 Legacy in International Criminal Justice
- 15 Torture by Private Actors and ‘Gold-Plating’ the Offence in National Law
- 16 Secrets and Surprises in the <i>Travaux Préparatoires</i> of the Genocide Convention
- 17 Perspectives on Cultural Genocide
- 18 Crimes against Humanity
- 19 A New Global Treaty on Crimes Against Humanity Future Prospects
- 20 Justice outside of Criminal Courtrooms and Jailhouses
- 21 Toward Greater Synergy between Courts and Truth Commissions in Post-conflict Contexts
- 22 International Criminal Tribunals and Cooperation with States
- 23 The Arc toward Justice <i>and</i> Peace
- 24 The Maintenance of International Peace and Security through Prevention of Atrocity Crimes
- 25 Law and Film
- 26 The Role of Advocates in Developing International Law
- 27 Bill the Blogger
- Index
