(1) Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. (2) In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.
- Human rights
- Death penalty
The ICCPR, which 168 UN member states have ratified, sets a binding standards relating to the death penalty. Only those offences that meet a threshold of ‘most serious crimes’ are permissible under this treaty.
The UN Human Rights Committee, which monitors the ICCPR has consistently held that drug offences do not meet this threshold.
This is concurred with by the Special Rapporteur on Summary, Arbitrary of Extrajudicial Executions, and the UN Special Rapporteur on Torture.
Some will argue there is no ‘consensus’ among States on this. This is untrue. There is consensus, evidenced in the vast majority not using death penalty for drugs (State practice) and in the majority favouring abolition, evidenced in the four UN moratorium resolutions. Consensus is not the same as unanimity.
- Human rights
- Death penalty