Abstract

Article 6 of the International Covenant for Civil and Political Rights protects the right to life. Meanwhile, Article 6(2) stipulates an exception where death penalty may only be imposed for the ‘most serious crimes.’ The Human Rights Committee had previously provided that ‘most serious crimes’ exclude other crimes which do not result in loss of life regardless of how severe the crime may be, including—crimes that threaten national security. In this regard, this Article will attempt to explore the scope of ‘most serious crimes’ by means of interpretation and margin of appreciation.

Highlights

  • Article 6 of the International Covenant for Civil and Political Rights protects the right to life

  • 2 Affirming its stance that narcotic crimes do not qualify as amongst the ‘most serious crimes,’ the HRC had previously urged Indonesia to follow the moratorium on death penalty and to review their legislation to ensure that death penalty is limited only for the ‘most serious crimes.’

  • The ICCPR had never explicitly discussed the idea that crimes which threatens national security may constitute as ‘most serious crimes’

Read more

Summary

Introduction

Article 6 of the International Covenant for Civil and Political Rights protects the right to life. Article 6(2) stipulates an exception where death penalty may only be imposed for the ‘most serious crimes.’ The Human Rights Committee had previously provided that ‘most serious crimes’ exclude other crimes which do not result in loss of life regardless of how severe the crime may be, including—crimes that threaten national security.

Results
Conclusion
Full Text
Published version (Free)

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call