In this journal article, the author asserts that alongside the prohibition on the death penalty exists an obligation of those abolitionist States to refrain from assistance in the death penalty. In support of this argument is a consideration of complicity and the law of State responsibility, extradition and State practice. Also highlighted in the argument is the emerging trend of States and UN agencies, such as the UNODC to ensure human rights protections when providing such assistance though was critical of the current framework.
Citation: Bharat Malkani, ‘The Obligation to Refrain from Assisting the Use of the Death Penalty’, 62 International and Comparative Law Quarterly 3 (2013) pp 523-556