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The Treatment of Prisoners under International Law$
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Nigel Rodley and Matt Pollard

Print publication date: 2011

Print ISBN-13: 9780199693566

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199693566.001.0001

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The Death Penalty

The Death Penalty

Chapter:
(p.279) 7 The Death Penalty
Source:
The Treatment of Prisoners under International Law
Author(s):

Nigel Rodley

Matt Pollard

Publisher:
Oxford University Press
DOI:10.1093/acprof:osobl/9780199693566.003.0008

This chapter deals further with the summary execution of capital punishment or death penalty, which is carried out without regard to the numerous safeguards that international law requires to be observed in capital cases. It first details the reasons of abolition of capital punishment and the various views of international bodies. It discusses with the norms relating to the protection of the right to life, as human rights treaties treat the death penalty as an explicit exception to that right. It then analyses the Soering v. United Kingdom landmark judgement by the European Court of Human Rights with regards to that the circumstances of the imposition and execution of the death penalty may fall foul of the European Convention on Human Rights.

Keywords:   capital punishment, death penalty, international law, human rights, right to life, Soering v. United Kingdom, European Court of Human Rights, European Convention on Human Rights

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