International Law and the abolition of the death penalty

Schabas, William A. ORCID: https://orcid.org/0000-0002-7462-4284 (2020) International Law and the abolition of the death penalty. In: Comparative capital punishment. Steiker, Carol S. and Steiker, Jordan, eds. Research Handbooks in Comparative Law series . Edward Elgar, Cheltenham, UK, pp. 217-231. ISBN 9781786433244, e-ISBN 9781786433251. [Book Section]

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Abstract

Three international law issues relating to capital punishment are addressed in this chapter. The first concerns the tension between the reform of capital punishment, as international legal norms governing its practice become increasingly stringent, and the overall goal of abolition. The second considers the validity of a category of States described as de facto abolitionist. It appears to be a very reliable predictor of permanent abolitionist status. The third examines the threats to the Philippines and Turkey, both of them abolitionist States, to return to capital punishment. Both States are blocked from doing this by treaty law. The situation poses a test for the effectiveness of international human rights law.

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