“The Legal and Ethical Position of International Bodies on Death Penalties”

Abstract

This paper provides a comprehensive analysis of the legal and ethical position adopted by major international bodies regarding the death penalty, tracing its evolution from a regulated practice to a fundamental human rights issue. The study examines the critical legal framework established by the International Covenant on Civil and Political Rights (ICCPR), which, while not abolishing the punishment entirely, strictly limits its application to the “most serious crimes” and insists on rigorous fair trial guarantees. It further explores the explicit abolitionist mandate of the Second Optional Protocol to the ICCPR and other regional instruments such as the Protocols to the European and American Conventions on Human Rights. This research work uses qualitative research methodology and based on secondary data sources in Constructivism theoretical framework. Beyond legal statutes, the paper delves into the core ethical arguments advanced by entities like the United Nations General Assembly, the Office of the High Commissioner for Human Rights (OHCHR), and leading NGOs. These positions challenge the death penalty on the grounds of its irreversibility (risking execution of the innocent), its discriminatory application against marginalized groups, and the absence of conclusive evidence for its deterrent effect. The analysis concludes that international bodies have systematically constructed a robust normative framework that redefines capital punishment not as a criminal justice tool, but as a violation of fundamental human rights. This framework exerts significant moral and political pressure on retentionist states, advocating for a global moratorium as a definitive step towards universal abolition.