U.N. Instruments

Universal Declaration on Human Rights, G.A. Res. 217A, at 71, U.N. Doc A/810 (1948).
Article 3 recognizes the right to life and Article 5 addresses cruel and inhumane punishments.

International Covenant on Civil and Political Rights, entered into force Mar. 23, 1976, 999 U.N.T.S. 171.
Article 6 recognizes the right to life and places restrictions the application of the death penalty in countries that have not abolished capital punishment.

Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, G.A. Res. 128, Annex, U.N. GAOR, 44th Sess., Supp. No. 49, at 207, U.N. Doc. A/44/49 (1989).

Siracusa Principles on the Limitation and Derogation of Provisions in the International Covenant on Civil and Political Rights, U.N. ESCOR, U.N. Doc E/CN.4/1985/4 (1985).
Article 58 states that no State Party shall derogate from the right to life, freedom from torture, cruel, inhuman or degrading treatment or punishment, or the right to recognition before the law as set forth in the International Covenant on Civil and Political Rights.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, G.A. Res. 46, Annex, U.N. GAOR, 39th Sess., Supp. No. 51, at 197, U.N. Doc. A/39/51 (1984) (entered into force June 26, 1987).
This instrument does not explicitly address the death penalty, but addresses the broader domain of torture and other cruel, inhuman or degrading treatment or punishment.

Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, G.A. Res. 3452 (XXX), Annex, U.N. GAOR 30th Sess., Supp. No. 34 at 91, U.N. Doc. A/10034 (1975). 
This instrument does not explicitly address the death penalty, but addresses the broader domain of torture and other cruel, inhuman or degrading treatment or punishment.

Convention Relating to the Status of Refugees, entered into force April 22, 1954, 189 U.N.T.S. 150.
Article 33 prohibits the refoulement of any refugee where his or her life or freedom would be threatened on account of race, religion, nationality, membership in a particular social group or political opinion.

Model Treaty on Extradition, G.A. Res. 116, Annex, U.N. GAOR, 45th Sess., Supp. No. 49A, at 212, U.N. Doc. A/45/49 (1990).
Article 4(d) provides that a State may refuse extradition to a country that imposes death for the respective crime, unless that country gives sufficient assurances that the death penalty will not be imposed or carried out. Vienna Convention on Consular Relations, entered into force Mar. 19, 1967, 596 U.N.T.S. 261. Article 36 establishes the right to communication between arrested or detained foreign nationals and their consular officials.

U.N. Safeguards, Guidelines and Principles

Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty, E.S.C. Res. 50, Annex, U.N. ESCOR, Supp. No. 1, at 33, U.N. Doc. E/1984/84 (1984).
This document sets forth guidelines safeguarding the rights of individuals in countries that have not abolished the death penalty.

Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, E.S.C. Res. 65, Annex, U.N. ESCOR, Supp. No. 1, at 52, U.N. Doc. E/1989/89 (1989).
These twenty principles address the prevention, investigation and legal proceedings of extra-legal, arbitrary, and summary executions.

United Nations Manual on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, U.N. Doc. E/ST/CSDHA/12 (1991). This manual, which supplements the Principles on the effective prevention and investigation of extra-legal, arbitrary and summary executions (adopted by the Economic and Social Council in its resolution 1989/65 of 24 May 1989), contains international human rights standards, a model protocol for investigating extra-legal, arbitrary, and summary executions, a model autopsy protocol, and a model protocol for disinterment and analysis of skeletal remains.

Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules), G.A. Res. 33. U.N. GAOR, 40th Sess., Supp. No. 53, at 207, U.N. Doc. A/40/53 (1985).
Article 17.1(d) states that capital punishment may not be imposed on juveniles for their crimes.

Basic Principles on the Role of Lawyers, 8th U.N. Cong. on the Prevention of Crime and the Treatment of Offenders (Havana, Cuba), U.N. Doc. A/CONF.144/28/Rev.1 at 118 (1990).
These principles are to assist Member States in promoting and ensuring the proper role for lawyers.

Guidelines on the Role of Prosecutors, 8th U.N. Cong. on the Prevention of Crime and the Treatment of Offenders (Havana, Cuba), U.N. Doc. A/CONF.144/28/Rev.1 at 189 (1990).
These guidelines are to assist Member States in promoting the effectiveness, fairness and impartiality of prosecutors.

Basic Principles on the Independence of the Judiciary, 7th U.N. Cong. on the Prevention of Crime and the Treatment of Offenders (Milan, Italy), U.N. Doc. A/CONF.121/22/Rev.1 at 59 (1985).
These principles are to assist Member States in securing and promoting the independence of professional and lay judges.

Resolutions of the U.N. Commission on Human Rights

The Question of the Death Penalty, Res. 12, Comm. on Hum. Rts., 53d Sess., U.N.Doc. E/CN.4/RES/1997/12 (1997).

The Question of the Death Penalty, Res. 8, Comm. on Hum. Rts., 54th Sess., U.N. Doc. E/CN.4/RES/1998/8 (1998).

The Question of the Death Penalty, Res. 61, Comm. on Hum. Rts., 55th Sess., U.N. Doc. E/CN.4/RES/1999/61 (1999). 

The Question of the Death Penalty, Res. 65, Comm. on Hum. Rts., 56th Sess., U.N. Doc. E/CN.4/RES/2000/65 (2000). [

The Question of the Death Penalty, Res. 68, Comm. on Hum. Rts., 57th Sess., U.N. Doc. E/CN.4/RES/2001/68 (2001).

The Question of the Death Penalty, Res. 77, Comm. on Hum. Rts., 58th Sess., U.N. Doc. E/CN.4/RES/2002/77 (2002).

The Question of the Death Penalty, Res. 67, Comm. on Hum. Rts., 59th Sess., U.N. Doc. E/CN.4/RES/2003/67 (2003).

Capital Punishment, Res. 57, U.N. ESCOR, 2857th Sess., U.N. Doc. E/RES/1995/57 (1995).

Human Rights in the Administration of Justice, G.A. Res. 161, U.N. GAOR, 56th Sess., U.N. Doc. A/RES/56/161 (2002).

The Death Penalty, Particularly in Relation to Juvenile Offenders, Res. 4, U.N. Sub-Comm’n on the Promotion and Protection of Hum. Rts., 52d Sess., E/CN.4/SUB.2/RES/1999/4 (1999).

The Death Penalty in Relation to Juvenile Offenders, Res. 17, U.N. Sub-Comm’n on the Promotion and Protection of Hum. Rts., 53d Sess., E/CN.4/SUB.2/RES/2000/17 (2000).

Concluding observations of the U.N. Treaty Body Committees

Concluding observations prior to August 31, 2001

Concluding observations after September 1, 2001
These websites summarize the treaty bodies’ observations with regard to countries and the right to life.

European Instruments and Documents

Charter of Fundamental Rights of the European Union, 2000 O.J. (C 364) 1.
Article 2 states that everyone has the right to life, and no one shall be condemned to death or executed.

Convention for the Protection of Human Rights and Fundamental Freedoms, entered into force Sept. 3, 1953, C.E.T.S. 005.
Article 2 states that the right to life is protected by law, and that no one shall be deprived of life except by execution of a court sentence.

Protocol 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances, entered into force July 1, 2003, C.E.T.S. 187.
Article 1 abolishes the death penalty, and Article 2 prohibits any derogation from the Protocol.

Abolition of the Death Penalty in Council of Europe Observer States, EUR. PARL. Res. 1253, (2001).
Paragraph 8 requires Japan and the U.S. to impose a moratorium on executions, and take steps to abolish the death penalty and improve conditions on death row. Paragraph 11 states that the Parliamentary Assembly will recommend granting Observer status to those States with no death penalty or else a moratorium on executions in place.

European Union Guidelines Toward Third Countries on the Death Penalty, 1998. 
These guidelines represents the position and course of action the EU will adopt in dealing with third countries that retain the death penalty.

European Union Memorandum on the Death Penalty, 1998. 
This memorandum is an effort by the EU to share its “principles, experiences, policies and alternative solutions guiding the European abolitionist movement” with the U.S. in a call for a moratorium.

Final Declaration, Second Summit of Heads of State and Gov. of the Council of Europe, (Strasbourg, Germany), 1997.
This declaration calls for the universal abolition of the death penalty and moratoria on executions across Europe.

Conference for Security and Cooperation in Europe, Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE, (Second Conf. on the Hum. Dimension of the CSCE, June 5 – July 29, 1990).
Article 17 requires States to “exchange information within the framework of the Conference on the Human Dimension on the question of the abolition of the death penalty and keep that question under consideration” and to “make available to the public information regarding the use of the death penalty.”

American Instruments

American Convention on Human Rights, entered into force July 18, 1978, 1144 U.N.T.S. 123.
Article 4 recognizes the right to life and places restrictions on the application of the death penalty in countries that have not abolished capital punishment.

Protocol to the American Convention on Human Rights to Abolish the Death Penalty, adopted June 8, 1990, O.A.S. Treaty Series No. 73 (1990).
Article 1 prohibits States Parties from imposing sentences of death on individuals in their jurisdiction.

Inter-American Convention on Extradition, adopted Feb. 25, 1981, O.A.S Treaty Series No. B-47.
Article 9 prohibits States from granting extradition to a country which imposes the death penalty for the respective crime, unless that country provides sufficient assurances that death will not be imposed or carried out.

African Instruments

African [Banjul] Charter on Human and Peoples' Rights, entered into force Oct. 21, 1986, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58.
Article 4 recognizes the right to life.

African Charter on the Rights and Welfare of the Child, entered into force Nov. 29, 1999, OAU Doc. CAB/LEG/24.9/49 (1990). 
Article 5(3) states that the death penalty shall not be imposed on children.

Arab Instruments

Arab Charter on Human Rights (League of Arab States), reprinted in 18 HUM. RTS. L.J. 151 (1997).
Article 10 restricts the death penalty to the most serious crimes and guarantees the right to seek pardon or commutation of the sentence. Article 11 prohibits the imposition of the death penalty for political offenses. Article 12 prohibits the imposition of the death penalty on juveniles, pregnant women or mothers nursing a child two years or younger.

Islamic Shari'ah Instruments

Cairo Declaration on Human Rights in Islam, Ninteenth Conference of Foreign Ministers (Cairo, Aug. 5 1990).
Article II recognizes the right to life.

Humanitarian law

Geneva Convention Relative to the Treatment of Prisoners of War, entered into force Oct. 21, 1950, 75 U.N.T.S. 135.
Article 100-101 address death sentences in regard to prisoners of war, obligations of the detaining country, and rights of the prisoners.

Geneva Convention Relative to the Protection of Civilian Persons in Time of War, entered into force Oct. 21, 1950, 75 U.N.T.S. 287.
Articles 68, 71, 74 and 75 address the death penalty in regard to civilians in time of war. Article 68 also prohibits the death penalty on an individual who was under eighteen years of age at the time of the offense.

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol 1), entered into force Dec. 7, 1978, 1125 U.N.T.S. 3. 
Articles 76(3) and 77(5) prohibit executions of death sentences on pregnant women, mothers of young children and juveniles, respectively, during armed conflict.

Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), entered into force Dec. 7, 1978, 1125 U.N.T.S. 609. 
Article 6(4) prohibits the death penalty in regard to juveniles, pregnant women and mothers of young children during armed conflict.

International Caselaw

Avena and Other Mexican Nationals (Mex. v. U.S.), 2004 I.C.J. 
This case concerns the rights of 54 Mexican nationals on death row in the United States under the Vienna Convention on Consular Relations. On February 5, 2003, the ICJ issued an order staying the execution of three Mexican nationals until a final judgment was rendered. On 31 March 2004, the ICJ found that the U.S. breached its treaty obligations to 51 Mexican nationals.

State v. Makwanyane, 1995 (3) SA 391 (CC).
The Constitutional Court of South Africa found the death penalty to be inconsistent with the national constitution.