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An overview of the death penalty in Sub-Saharan Africa -- The Gambia -- Ghana -- Botswana -- Lesotho and Swaziland -- Zimbabwe -- Kenya -- Uganda
This book is an updated and reworked version of the thesis which was submitted in fulfilment of the requirements for the degree Doctor of Laws (LLD) in the Faculty of Law, University of Pretoria.
In recent years the death penalty has sharply declined across Africa, but this trend belies actual public opinion and the retributivist sentiments held by political elites. This study explains capital punishment in Africa in terms of culturally specific notions of life and death as well as the colonial-era imposition of criminal and penal policy.
This edited volume brings together leading scholars on the death penalty within international, regional and municipal law. It considers the intrinsic elements of both the promotion and demise of the punishment around the world, and provides analysis which contributes to the evolving abolitionist discourse. The contributors consider the current developments within the United Nations, the Council of Europe, the African Commission and the Commonwealth Caribbean, and engage with the emergence of regional norms promoting collective restriction and renunciation of the punishment. They investigate perspectives and questions for retentionist countries, focusing on the United States, China, Korea and Taiwan, and reveal the iniquities of contemporary capital judicial systems. Emphasis is placed on the issues of transparency of municipal jurisdictions, the jurisprudence on the 'death row phenomenon' and the changing nature of public opinion. The volume surveys and critiques the arguments used to scrutinize the death penalty to then offer a detailed analysis of possible replacement sanctions.
Human development is not simply about wealth and economic well-being, it is also dependent upon shared values that cherish the sanctity of human life. Using comparative methods, archival research and quantitative findings, this book explores the historical and cultural background of the death penalty in Africa, analysing the law and practice of the death penalty under European and Asian laws in Africa before independence. Showing progressive attitudes to punishment rooted in both traditional and modern concepts of human dignity, Aimé Muyoboke Karimunda assesses the ground on which the death penalty is retained today. Providing a full and balanced appraisal of the arguments, the book presents a clear and compelling case for the total abolition of the death penalty throughout Africa. This book is essential reading for human rights lawyers, legal anthropologists, historians, political analysts and anyone else interested in promoting democracy and the protection of fundamental human rights in Africa.
Although the influence and opinions of political elites, civil society, and the general public vary widely, the death penalty is universally in decline throughout Sub-Saharan Africa. This book explores the African contribution to the global death penalty debate and lessons for the international death penalty abolition movement.
Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resulting legislative reform in the Caribbean, Sub-Saharan Africa, and South and Southeast Asia, focusing on the rapid retreat of the mandatory death penalty in the Commonwealth over the last thirty years. The coordinated mandatory death penalty challenges - which have had the consequence of greatly reducing the world’s death row population - represent a case study of how a small group of lawyers can sponsor human rights litigation that incorporates international human rights law into domestic constitutional jurisprudence, ultimately harmonizing criminal justice regimes across borders. This book is essential reading for anyone interested in the study and development of human rights and capital punishment, as well as those exploring the contours of comparative criminal justice.
Human development is not simply about wealth and economic well-being, it is also dependent upon shared values that cherish the sanctity of human life. Using comparative methods, archival research and quantitative findings, this book explores the historical and cultural background of the death penalty in Africa, analysing the law and practice of the death penalty under European and Asian laws in Africa before independence. Showing progressive attitudes to punishment rooted in both traditional and modern concepts of human dignity, Aimé Muyoboke Karimunda assesses the ground on which the death penalty is retained today. Providing a full and balanced appraisal of the arguments, the book presents a clear and compelling case for the total abolition of the death penalty throughout Africa. This book is essential reading for human rights lawyers, legal anthropologists, historians, political analysts and anyone else interested in promoting democracy and the protection of fundamental human rights in Africa.
This is the 2002 third edition of William A. Schabas's highly praised study of the abolition of the death penalty in international law. Extensively revised to take account of developments in the field since publication of the second edition in 1997, the book details the progress of the international community away from the use of capital punishment, discussing in detail the abolition of the death penalty within the United Nations human rights system, international humanitarian law, European human rights law and Inter-American human rights law. New chapters in the third edition address capital punishment in African human rights law and in international criminal law. An extensive list of appendices contains many of the essential documents for the study of capital punishment in international law. The Abolition of the Death Penalty in International Law is introduced with a Foreword by Judge Gilbert Guillaume, President of the International Court of Justice.