The obligation to refrain from assisting the use of the death penalty

Malkani, Bharat ORCID: https://orcid.org/0000-0003-3724-2444 2013. The obligation to refrain from assisting the use of the death penalty. International and Comparative Law Quarterly 62 (3) , pp. 523-556. 10.1017/S0020589313000134

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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.

Item Type:	Article
Date Type:	Published Online
Status:	Published
Schools:	Law
Publisher:	Cambridge University Press
ISSN:	0020-5893
Last Modified:	03 Nov 2022 09:32
URI:	https://orca.cardiff.ac.uk/id/eprint/105226

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