Islamic Member State justification for the use of the death penalty within the Universal Periodic Review

Abstract

The aim of the project is to analyse the legitimacy of justifications for the continued use of the death penalty which are grounded in Islamic law. The context for the study is the UN Universal Periodic Review (UPR). The UPR is a mechanism of the Human Rights Council and was created through the UN General Assembly on 15 March 2006. It is a unique process that reviews the human rights records of all UN member states. Each UPR cycle runs for a period of four and a half years.

Under the UPR, countries that apply the death penalty justify its application by claiming that the punishment does not violate ICCPR Articles 6, 7 and 14. These arguments are generally aimed at demonstrating either that the punishment is a legitimate expression of state sovereignty, and/or that it is an effective administration of penology. Article 6 states that “in countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes.” It is within this framework that the use of the punishment specifically by Islamic states will be studied.

Ultimately, the research will engage and contribute to the exegesis of punishment under Islamic Law, based on human rights principles. It will aim to influence government policy of Islamic states and result in a reduction of the death penalty.