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Max Planck Encyclopedia of Public International Law [MPEPIL]

Death Penalty

Martin Scheinin

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 June 2024

Capital punishment — Children, rights — Genocide — Targeted killing — National implementation — Customary international law

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 Despite the central place of the right to life (Life, Right to, International Protection) within the catalogue of human rights, international law does not completely prohibit the death penalty but restricts its application in several ways. An explicit prohibition of capital punishment in times of peace was voted down by the United Nations General Assembly (‘UNGA’; United Nations, General Assembly) in 1948 when drafting the Universal Declaration of Human Rights (1948). Subsequent human rights treaties have not yet succeeded in completely abolishing capital...
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