TITLE

THE OBLIGATION TO REFRAIN FROM ASSISTING THE USE OF THE DEATH PENALTY

AUTHOR(S)
Malkani, Bharat
PUB. DATE
July 2013
SOURCE
International & Comparative Law Quarterly;Jul2013, Vol. 62 Issue 3, p523
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
In this paper, I assert that the prohibition on the death penalty brings with it an obligation on abolitionist States to refrain from assisting the use of the death penalty in retentionist States. By considering the law on complicity and State responsibility, the obligation to protect under international human rights law, and the practice of States, I argue that although there are jurisdictional issues and although the death penalty is not prohibited under general international law, an obligation to refrain from being complicit in the death penalty is developing in international law.
ACCESSION #
88938597

 

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