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ON DEATH PENALTY: At a tipping point? Gradual abolitionist trend worldwide, reduced executions but facing profound challenges

  • Journal of Human Rights Studies
  • Abbr : JHRS
  • 2021, 4(2), pp.1-53
  • DOI : 10.22976/JHRS.2021.4.2.1
  • Publisher : Korean Association of Human Rights Studies
  • Research Area : Social Science > Law > Law of Special Parts > Human Rights / International Human Rights Law
  • Received : August 30, 2021
  • Accepted : November 26, 2021
  • Published : December 31, 2021

Rajiv Narayan 1,  Asunta Vivo Cavaller 2

1Director of Policy at the International Commission against the Death Penalty
2Executive Director at the International Commission against the Death Penalty

Candidate

ABSTRACT

The article focuses on the present situation of the death penalty globally. It notes that there is an increasing trend, albeit gradually, of countries that have abolished the death penalty, but this trend faces important challenges. The article initially reflects and gives shape to to the current global situation of death penalty in numbers and with a map. It then describes the abolitionist perspective starting with a history of abolition of the death penalty. There is a brief description of the evolution of the international legal framework which reduces the scope of the death penalty with a view to eventual abolition. There is focus on regional abolitionist legal protocols in Europe and the Americas and the attempt to adopt one in Africa. The article tries to understand the retentionists ‘perspective on why countries retain the death penalty. It is argued that the increased hardening of positions by countries retaining capital punishment could be a reflection of a number of factors including penal populism, the rise of populist, ‘strong man’ leaders, increased focus on victims; that the death penalty is a sovereign issue where the death penalty is perceived as a criminal law issue and thereby in the deterrent effect of capital punishment. The article identifies some routes adopted by countries in abolishing capital punishment. More than half the number of countries has abolished the death penalty and over two-thirds do not use capital punishment in law and practice. Moreover, the number of executions has declined, and death penalty-applicable crimes are declining among retentionist countries. But the most populous countries still retain the death penalty and for achieving a tipping point, there is a need for new and more creative narratives, for establishing engagements with emerging stakeholders.

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