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THE OBLIGATION TO REFRAIN FROM ASSISTING THE USE OF THE DEATH PENALTY

  • Bharat Malkani (a1)
Abstract
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.

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R Hood , The Death Penalty: A Worldwide Perspective (4th edn, Oxford2008)

M Hakimi , ‘State Bystander Responsibility’ (2010) 21 EJIL 341, 376

J Dugard and C Van den Wyngaert , ‘Reconciling Extradition with Human Rights’ (1998) 92 AJIL 187

C Hoppe Implementation of LaGrand and Avena in Germany and the United States: Exploring a Transatlantic Divide in Search of a Uniform Interpretation of Consular Rights’ (2007) 18 EJIL 317

A Cowen , ‘A New Watershed? Reevaluating Banković in light of Al-Skeini’ (2012) 1 Cambridge Journal of International and Comparative Law 213

M Milanovic , Extraterritorial Application of Human Rights Treaties: Law, Principles and Policy (OUP2011)

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International & Comparative Law Quarterly
  • ISSN: 0020-5893
  • EISSN: 1471-6895
  • URL: /core/journals/international-and-comparative-law-quarterly
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