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

Bharat Malkani

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5 Citations (Scopus)
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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.
Original languageEnglish
Pages (from-to)523-556
JournalInternational & Comparative Law Quarterly
Volume62
Issue number03
DOIs
Publication statusPublished - Jul 2013

Keywords

  • complicity
  • death penalty
  • diplomatic protection
  • extradition
  • mutual legal assistance
  • obligation to protect
  • State responsibility

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