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Foreword

Published online by Cambridge University Press:  30 July 2009

William A. Schabas
Affiliation:
National University of Ireland, Galway
Gilbert Guillaume Judge
Affiliation:
International Court of Justice, The Hague, January 1993
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Summary

William Schabas's work on the abolition of the death penalty could not be more timely, offering as it does a broad overview of the legal progress in the field over the last fifty years. In 1948, the Universal Declaration of Human Rights proclaimed the right to life. In 1966, the United Nations Covenant on Civil and Political Rights established that no one shall be arbitrarily deprived of life. It went on to add that in countries where the death penalty has not been abolished, a death sentence can only be pronounced for the most serious crimes in accordance with the law in force at the time of the commission of the crime. In 1989, an additional protocol to the Covenant, abolishing the death penalty in peacetime, was adopted. Thus we have moved from the proclamation of a principle to its regulation, and from regulation of that principle to abolition.

European law underwent an evolution parallel to that of the United Nations. The European Convention on Human Rights specified, in 1950, that

Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.

The Sixth Protocol to the Convention abolished, in 1982, the death penalty, except in time of war or imminent danger of war.

In the Western hemisphere, a comparable progress took place.

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Publisher: Cambridge University Press
Print publication year: 2002

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  • Foreword
  • William A. Schabas, National University of Ireland, Galway
  • Book: The Abolition of the Death Penalty in International Law
  • Online publication: 30 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494109.001
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  • Foreword
  • William A. Schabas, National University of Ireland, Galway
  • Book: The Abolition of the Death Penalty in International Law
  • Online publication: 30 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494109.001
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Foreword
  • William A. Schabas, National University of Ireland, Galway
  • Book: The Abolition of the Death Penalty in International Law
  • Online publication: 30 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494109.001
Available formats
×