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The Death Penalty: The International Context

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According to Amnesty International, at least 2,258 prisoners in 37 countries were known to have been executed in 1998 and 4,845 persons in 78 countries were known to have received death sentences. These numbers reflect only cases Amnesty International knows about; actual numbers are probably higher. Further information on the current international status of the death penalty is found below. See also reports & statistics on the death penalty and movements toward worldwide abolition as called for by the United Nations and other international bodies. The U.N. Special Rapporteur on extrajudicial, summary or arbitrary executions is mandated by the U.N. Commission for Human Rights to address instances of executions that violate international standards regarding human rights and the right to life.
     Internationally, capital punishment is widely considered as a human rights issue. Three major international protocols & covenants calling for worldwide abolition of the death penalty are sponsored by the United Nations, the Organization of American States, and the Council of Europe, and three major international conventions & covenants prohibiting capital punishment for offenses committed by persons under the age of 18 are sponsored by the United Nations and the Organization of American States.
     Also presented here are perspectives on abolition from citizens of other nations. The U.S. record on capital punishment is viewed with some alarm, as is demonstrated by international views of the death penalty in the U.S.
     Finally, links to selected other human rights sites are provided.
Disclaimer: The Justice Center is not responsible for the content of any outside site linked here, nor does a listing here imply an endorsement of a site's opinions or content or a guarantee of its accuracy. For further information about this site, including answers to questions by students, see the FAQ.

Current International Status of the Death Penalty
By February 1999, 67 countries had abolished the death penalty entirely and 14 had abolished it for all but exceptional crimes such as crimes under military law or crimes committed in exceptional circumstances such as wartime. (See "International Data on the Death Penalty", Alaska Justice Forum 16(1), Spring 1999.) Over 20 nations and territories have abolished the death penalty for ordinary crimes or all crimes since 1989.

Table 1. Countries Which
Retain the Death Penalty, 1999
Table 2. Countries Which Have Abolished the Death Penalty, 1999
  
Source of data: Amnesty International, "List of Abolitionist and Retentionist Countries", February 1999. See also Amnesty International's revised list as of December 18, 1999.

According to Amnesty International, at least 2,258 prisoners in 37 countries were known to have been executed in 1998 and 4,845 persons in 78 countries were known to have received death sentences. These numbers reflect only cases Amnesty International knows about; actual numbers are probably higher. In 1998, 86 per cent of all known executions took place in China, the Democratic Republic of Congo, the USA and Iran. See Death Sentences and Executions in 1998 for further information.

International Death Penalty Reports & Statistics
 Developments on the death penalty internationally and in individual nations and movements toward worldwide abolition as called for by the United Nations and other international bodies.

United Nations & U.N. Commission on Human Rights
See also the U.N. Special Rapporteur on extrajudicial, summary or arbitrary executions.

  • Question of the death penalty. Report of the Secretary-General submitted pursuant to Commission resolution 1998/8. United Nations Economic and Social Council, Commission on Human Rights, 16 January 1998. E/CN.4/1998/82.
  • Question of the death penalty. Report of the Secretary-General submitted pursuant to Commission resolution 1998/8. United Nations Economic and Social Council, Commission on Human Rights, 12 January 1999. E/CN.4/1999/52.

Amnesty International
Amnesty International is an international human rights organization with a permanent campaign toward abolishment of the death penalty. It keeps up-to-date statistics and other information on the application of the death penalty worldwide.

Reports on Worldwide Developments

  • Abolition of the Death Penalty Worldwide: Developments in 1995: London: Amnesty International, July 1996. South African Constitutional Court rules that capital punishment for ordinary crimes is against its interim constitution; abolition in Spain and Mauritius; moratorium on executions in Moldova. Developments in other nations and international bodies vis-a-vis the death penalty are also discussed, including death sentences and executions worldwide.
  • Abolition of the Death Penalty Worldwide: Developments in 1996: London: Amnesty International, June 1997. Reports on the abolition of the death penalty for all crimes in Belgium in August and the adoption in South Africa of its final constitution which, like the interim constitution, guarantees the right to life. Because the South African Constitional Court had ruled in June 1995 that the death penalty for murder was contrary to the right to life guaranteed by the interim constitution, the retention of the right to life wording in the final constitution amounts to a constitutional ban on capital punishment. Developments in other nations and international bodies vis-a-vis the death penalty are also discussed, including death sentences and executions worldwide.
  • The Death Penalty Worldwide: Developments in 1997: London: Amnesty International, April 1998. In 1997 the nations of Georgia and Poland abolished the death penalty; the U.N. Commission on Human Rights called for an international moratorium on executions with a view towards complete abolishment; the Council of Europe moved toward expelling the Russian Federation and the Ukraine for conducting executions after having committed to stop executions; and the Roman Catholic Church strengthened the language in its Catechism expressing reservations about the use of capital punishment. Developments in other nations and international bodies vis-a-vis the death penalty are also discussed, including death sentences and executions worldwide.
  • The Death Penalty Worldwide: Developments in 1998: London: Amnesty International, May 1999. Five nations -- Azerbaijan, Estonia, Canada, Bulgaria and Lithuania -- abolished the death penalty for all crimes in 1998, and the United Kingdom abolished capital punishment for the last two remaining civil crimes for which it formerly could be used. Moratoria on executions were established in Turkmenistan and Kyrgystan and a reduction in the scope of crimes for which the death penalty could be imposed took place in Kazakstan, Tadjikistan, Uzbekistan, Ukraine, and the state of Nebraska in the U.S. The Palestinian Authority conducted its first executions and some English-speaking countries in the Carribean withdrew from international treaties in order to expedite executions. Developments in other nations and international bodies vis-a-vis the death penalty are also discussed, including death sentences and executions worldwide.

Death Penalty News

  • Death Penalty News, March 1996: Russia pledges a moratorium on executions; other news from Belize, South Africa, Moldova, and the U.S.; news briefs from other nations.
  • Death Penalty News, June 1996: The Council of Europe calls for an end to executions in Russia and Ukraine; Amnesty International condemns mass executions in China; the Anti-Terrorism and Effective Death Penalty Act of 1996 restricts death penalty appeals in the USA; the South African Constitution upholds the death penalty ban; news items on Albania, the Bahamas, Belgium, Guyana, Libya, and New York in the USA.
  • Death Penalty News, September 1996: Total abolition in Belgium; other news from Chile, Guatemala, South Africa, the U.S., and the United Nations; news briefs from other nations.
  • Death Penalty News, December 1996: Missing.
  • Death Penalty News, March 1997: The United Nations calls for a halt to executions; the Council of Europe condemns Russia and Ukraine for continuing executions; the American Bar Association calls for a moratorium on executions in the USA; other news from Bosnia-Herzegovina, Libya, North Korea, and Zaire; and Arkansas and Puerto Rico in the USA.
  • Death Penalty News, June 1997: Amnesty International calls for an end to capital punishment in Africa; other news from the U.N. Special Rapporteur on extrajudicial, summary or arbitrary executions and Southeast Asia; news briefs on other nations.
  • Death Penalty News, September 1997: Poland abolishes the death penalty; lack of due process in capital trials in Saudi Arabia; secret executions in Japan; a juvenile executed in Nigeria; and other news from Malawi, Portugal, Turkmenistan (Georgia), Burundi, the Carribean and Kentucky and Virginia in the USA.
  • Death Penalty News, December 1997: Headlining this issue is the news that the nation of Georgia has become the 100th nation to abolish the death penalty in law or practice.
  • Death Penalty News, March 1998: Azerbaijan and Estonia abolish the death penalty; other news from Guatemala, South Korea; the U.S., the United Kingdom, and Ukraine.
  • Death Penalty News, June 1998: The U.N. Commission on Human Rights strengthens its call for a moratorium on executions; the U.N. Special Rapporteur on extrajudicial, summary or arbitrary executions adds to statements about the death penalty in the U.S. and executions of the mentally retarded and reports on a mission to Iraq; Ethiopia resumes executions; other news from Afghanistan, Rwanda, Pakistan, China, and the U.S.; news briefs from other nations.
  • Death Penalty News, September 1998: The International Criminal Court will not impose capital punishment; European Union policy toward abolition; other news from the United Kingdom, the Palestinian Authority, and the Philippines; news briefs from other nations.
  • Death Penalty News, December 1998: Total abolition in Bulgaria, Lituania, and Canada; Pope John Paul II calls for an end to the death penalty; other news from Sierra Leone, Kyrgyzstan, and Turkmenistan, and the U.S.
  • Death Penalty News, March 1999: Resumption of executions in the Philippines; other news from Cuba, the United States, and the Council of Europe.
  • Death Penalty News, June 1999: The movement for a worldwide moratorium gains momentum; all sentences commuted in Russian; other news from the U.N., Trinidad and Tobago, and other nations including the U.S.
  • Death Penalty News, September 1999: A U.N. subcommission calls for a worldwide moratorium on executions; executions suspended in the Philippines; other news from Bolivia, Saudi Arabia, Tajikistan, and the U.S.
  • Death Penalty News, December 1999: The U.N. General Assembly declines to call for a worldwide moratorium on executions; East Timor abolished the death penalty; other news from India, Turkey, Ukraine, the Philippines, Trinidad and Tobago, and the U.S.

Other Reports on the Death Penalty Worldwide

Special Rapporteur on Extrajudicial, Summary
or Arbitrary Executions, United Nations Commission for Human Rights
 By its resolution 1982/29 of 11 March 1982, the U.N. Commission on Human Rights recommended the appointment of an individual of recognized international standing as a special rapporteur to submit a comprehensive report to the Commission in regard to summary or arbitrary executions. The Economic and Social Council established the mandate of the Special Rapporteur in its resolution 1982/35 and has renewed it regularly since. In its resolution 1992/72 the Commission on Human Rights renewed and extended the mandate for three years (approved by the Economic and Social Council in its decision 1992/242), widening the title of the mandate to include extrajudicial as well as summary or arbitrary executions. Amos S. Wako of Kenya served as the first Special Rapporteur from 1982 to 1992. Bacre Waly Ndiaye of Senegal served in this office from 20 July 1992 to 1997. The present Special Rapporteur is Ms. Asma Jahangir. The Special Rapporteur prepares reports to the Commission on Human Rights and to the U.N. General Assembly addressing the issues of his mandate in various U.N. member countries. According to U.N. documents, the Special Rapporteur's action in response to allegations of violations of the right to life in connection with capital punishment has been guided by the following principles:

(a) The desirability of the abolition of the death penalty;
(b) The need to ensure the highest possible fair trial standards;
(c) The observance of special restrictions on the application of the death penalty.

Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
The home page for the Special Rapporteur at the U.N. High Commissioner for Human Rights web site provides information on the Special Rapporteur's mandate, methods of work, issues of special concern, information required in order for the Special Rapporteur to take action, U.N. documents on extrajudicial, summary or aribrary executions, and missions of the Special Rapporteur. Other relevant sites include:

Reports & Press Releases
Annual and mission reports and press releases from the Special Rapporteur. Listed here are only those reports available in English.

1992  |  1993  |  1994  |  1995  |  1996  |  1997  |  1998 |  1999

1992

1993

1994

1995

1997

  • Extrajudicial, summary or arbitrary executions. Report by the Special Rapporteur, Mr. Bacre Waly Ndiaye, submitted pursuant to Commission on Human Rights resolution 1997/61. United Nations Economic and Social Council, Commission on Human Rights, 23 December 1997. E/CN.4/1998/68.
  • Extrajudicial, summary or arbitrary executions. Addendum: Country situations. Report by the Special Rapporteur, Mr. Bacre Waly Ndiaye, submitted pursuant to Commission on Human Rights resolution 1996/74. United Nations Economic and Social Council, Commission on Human Rights, 19 December 1997. E/CN.4/1998/68/Add.1. The U.S. portion of the report is excerpted as Country Report for the United States of America, 1997.
  • Extrajudicial, summary or arbitrary executions. Addendum. Visit to Sri Lanka. Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Mr. Bacre Waly Ndiaye, Commission on Human Rights resolution 1997/61. 12 March 1998. E/CN.4/1998/68/Add.2 .
  • Extrajudicial, summary or arbitrary executions. Addendum. Mission to the United States of America. Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Mr. Bacre Waly Ndiaye, submitted pursuant to Commission resolution 1997/61. 22 January 1998. E/CN.4/1998/68/Add.3. The mission to the U.S. was conducted from 28 September to 8 October 1997. During his mission, Mr. Ndiaye visited Washington, DC, and the states of New York, Florida, Texas, and California, and met with federal, state, and prison officials; death row inmates; capital defense attorneys; victims' families; experts on death penalty issues; and others concerned with the death penalty. Of particular concern to the Special Rapporteur were reports of discriminatory and arbitrary use of the death penalty; lack of adequate defense during trial and appeal procedures; execution of persons who were juveniles at the time of offense and mentally retarded persons; extension of the scope of the death penalty; and deaths in custody and deaths due to use of lethal force by law enforcement officials. Recommendations are included in the report. The United States responded with a letter to the Chairman of the Commission on Human Rights dated 23 April 1998, E/CN.4/1998/174.

1998

International Protocols & Covenants Calling for the Abolition of the Death Penalty
 Included here are the three major international protocols calling for the abolition of the death penalty, as well as related links, including the convenants or conventions to which the protocols relate. See also Conventions & Covenants Prohibiting Capital Punishment for Offenses Committed by Persons Under the Age of 18.

 Table 3. International Treaties on the Death Penalty, 1997
Source of data: Amnesty International, "The Death Penalty Worldwide: Developments in 1997", April 1998. See also "The Death Penalty Worldwide: Developments in 1998", April 1999.

Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty
Provides for the total abolition of the death penalty, but permits states to retain the death penalty in wartime as an exception. As of yearend 1996, it had been ratified by 29 states and signed, but not yet ratified, by 4 others. Sponsored through the United Nations and the United Nations High Commission for Human Rights. The protocol is also available through the World Policy Institute web site.

Protocol to the American Convention on Human Rights to Abolish the Death Penalty
Provides for the total abolition of the death penalty, but permits states to retain the death penalty in wartime as an exception. As of yearend 1996, it had been ratified by 4 states in the Americas and signed, but not yet ratified, by 3 others. Sponsored through the Organization of American States. The protocol is also available through the World Policy Institute web site.

Protocol No. 6 to the (European) Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty
Provides for the abolition of the death penalty in peacetime. As of yearend 1996, it had been ratified by 24 European states and signed, but not yet ratified, by 8 others. Sponsored through the Council of Europe.

Other Human Rights Treaty Sites

Conventions & Covenants Prohibiting Capital Punishment for Offenses Committed by Persons Under the Age of 18
 See also Special Issues: Juveniles for statistics and information on persons in the U.S. who were executed or sentenced to death for offenses committed before they were 18.

International Covenant on Civil and Political Rights
 Article 6 of the covenant provides that: "Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women." The covenant has been ratified by 140 states and signed, but not yet ratified, by 59 others. Sponsored through the United Nations and the United Nations High Commission for Human Rights.

  • Status of Ratifications to the International Convenant on Civil and Political Rights: The U.S. signed the covenant on 5 October 1977 and ratified it on 8 June 1992; among its reservations was the following: "That the United States reserves the right, subject to its Constitutional constraints, to impose capital punishment on any person (other than a pregnant woman) duly convicted under existing or future laws permitting the imposition of capital punishment, including such punishment for crimes committed by persons below eighteen years of age."

Convention on the Rights of the Child
 Article 37 of the convention provides that: "No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age." The convention has been ratified by 191 states and signed, but not yet ratified, by 141 others. Sponsored through the United Nations and the United Nations High Commission for Human Rights.

American Convention on Human Rights
 Article 4 of the convention provides that: "Capital punishment shall not be imposed upon persons who, at the time the crime was committed, were under 18 years of age or over 70 years of age; nor shall it be applied to pregnant women." The convention has been ratified by 191 states and signed, but not yet ratified, by 141 others. Sponsored through the Organization of American States. The convention is also available through the World Policy Institute web site.

  • Who Has Ratified: A map showing which nations have ratified or signed the protocol; through the World Policy Institute web site. The United States has signed but not ratified the convention.

International Perspectives on Abolition

"Toward the Abolition of the Death Penalty"
 By Shigemitsu Dando. 72 Indiana Law Journal 7 (1996). Dando, a former Justice of the Supreme Court of Japan and Special Advisor to the Imperial Household of Japan, originally presented this lecture at Indiana University School of Law -- Bloomington on April 14, 1996.

International Views of the Death Penalty in the U.S.
Internationally, capital punishment is widely considered as a human rights issue, and the U.S. record on capital punishment is viewed with some alarm. See also History: Recent Developments & Future of the Death Penalty for annual reports from the U.N. Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions and from the international human rights organization Amnesty International on the death penalty in the U.S.

Human Rights Sites

Green, Melissa S. ( 16-Mar-2005 ). "The Death Penalty: The International Context." In Melissa S. Green (1998-2005), Focus on the Death Penalty (website). Justice Center, University of Alaska Anchorage. <http://justice.uaa.alaska.edu/death/intl.html> (accessed date).

[This is a suggested citation style for students. For further info, see FAQ: Citing this Website.]

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