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- Author or Editor: William A. Schabas x
William A. Schabas
Three international law issues relating to capital punishment are addressed in this chapter. The first concerns the tension between the reform of capital punishment, as international legal norms governing its practice become increasingly stringent. The second considers the validity of a category of states described as de facto abolitionist. It appears to be a very reliable predictor of permanent abolitionist status. The third examines the threats by the Philippines and Turkey, both of them abolitionist states, to return to capital punishment. Both states are blocked from doing this by treaty law. The situation poses a test for the effectiveness of international human rights law.
William A. Schabas
The Rome Statute of the International Criminal Court was adopted at the conclusion of a Diplomatic Conference held in Rome in mid-1998. The complex dynamics of the Conference are explained, including the role of various regional caucuses, the technique of reaching agreement by consensus, and the role that compromises played in resolving virtually intractable disputes. The mere fact of a positive conclusion attests to the general desire of States for such a Court, although the chapter questions whether the bargains that were struck may have contributed to the malaise that has afflicted the Court in recent years.