PENALTY

this is demonstrably not the case.” 17 He also commented: “In a society
which values individual life and liberty above all else, where justice
and not vengeance is the singular guiding principle of our system of
criminal law, the potential for wrongful conviction and, God forbid,
execution of an innocent person stands as anathema to our very sensibilities
as human beings.” 18 Another factor had been the worldwide
trend towards abolition of the death penalty: “From an international
human rights perspective, there is no reason the United States should
be behind the rest of the world in this issue.” 19
CONCLUSION
political leadership has played a crucial part in ensuring and deepening
the abolitionist trend. The four ICDP commissioners highlighted
in this article have played a leading role in the abolition of the death
penalty in their countries. The ICDP itself is a manifestation of the
need for this political leadership to expand efforts to abolish capital
punishment from the national to the international arena. ICDP, I
believe, is able to bring experienced, eminent, respected voices to the
cause of abolition, in a way that complements the work of other institutions.
Rejecting capital punishment is about choosing what kind of
society we want to live in, and which values—including human rights
and dignity, democracy and the rule of law—we want to uphold.
Political leadership is a key factor in the abolition of the death penalty,
which has gained momentum in recent years, with the United
Nations now estimating that over 160 countries have abolished capital
punishment or do not execute. In Haiti, political leaders have helped
lay the groundwork for change in the penal code, while in Senegal,
abolition came about due to a change in the President’s viewpoint,
backed up by the Justice Minister’s view that there was no evidence
of a deterrent effect. The role of the President was key in Mongolia,
which acceded to the Second Optional Protocol to the International
Convention on Civil and Political Rights, thereby voluntarily
making an international commitment to abolish capital punishment
prior to removing it from national law. In Mexico, abolition was a
consequence of constitutional amendment, while in South Africa, the
Constitutional Court played a key role, during the era ending apartheid,
upholding the abolitionist ideals of leaders like Nelson Mandela.
Abolition in Rwanda came in the aftermath of the 1994 genocide,
with an international tribunal leading the way in ensuring the end of
capital punishment. In the United States, governors of 18 states have
led the move to abolish capital punishment.
While States have adopted different pathways to end the cruel, inhuman
and degrading practice of the death penalty, it is evident that
17 Death Penalty Information Centre, “Governor Bill Richardson signs repeal of the death penalty”
(Washington, DC, 19 March 2009).
18 “Bill Richardson”, International Commission against the Death Penalty, available from www.
icomdp.org/bill-richardson.
19 International Commission against the Death Penalty, “How states abolish the death penalty”,
p. 32.
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