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5 - International humanitarian law

Published online by Cambridge University Press:  30 July 2009

William A. Schabas
Affiliation:
National University of Ireland, Galway
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Summary

In time of war, use of the death penalty generally becomes more frequent and the safeguards surrounding its use less stringent. Even the most advanced international instruments dealing with the death penalty, the abolitionist protocols adopted by the United Nations, the Council of Europe and the Organization of American States, tolerate the death penalty during wartime. In the case of Protocol No. 6 to the European Convention, only abolition in time of peace is envisaged by the instrument, although a draft Protocol Is currently being prepared to provide for abolition in wartime as well. The other protocols outlaw the death penalty in all cases, although they permit States parties, at the time of ratification, to make reservation for the death penalty in time of war. At least seventy-four countries have abolished the death penalty for all crimes, even in exceptional circumstances such as wartime. Of this group, forty-one have ratified the Second Optional Protocol without reservation and are therefore prohibited by international law from imposing the death penalty, even in time of war. Yet even citizens of fully abolitionist States remain exposed to the death penalty in time of war, if they have the misfortune to be confronted with a belligerent that retains capital punishment who is not bound by certain international norms, or if they fall into the hands of an organized group of combatants in the course of a non-international armed conflict.

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Publisher: Cambridge University Press
Print publication year: 2002

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  • International humanitarian law
  • 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/CBO9780511494109.008
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  • International humanitarian law
  • 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/CBO9780511494109.008
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.

  • International humanitarian law
  • 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/CBO9780511494109.008
Available formats
×