International Abolitionist Advocacy: The Rise of Global Networks to Advance Human Rights and the Promise of the Worldwide Campaign to Abolish Capital Punishment

Abstract

The modern international human rights movement began with the U.N. Charter and the U.N. General Assembly\u27s adoption of the Universal Declaration of Human Rights. Although the movement to abolish the death penalty is rooted in the Enlightenment, global advocacy to halt executions and to abolish capital punishment has accelerated exponentially in recent decades. This Article discusses the origins of global networks to advance human rights and highlights the growing international advocacy, including by nation-states and nongovernmental organizations ( NGOs ), for a worldwide moratorium on executions and to abolish capital punishment altogether. The total number of countries conducting executions in the past few decades has declined dramatically, putting retentionist states, such as China, Iran, Saudi Arabia, Iraq, North Korea, and the United States, in an increasingly isolated position in the international community. Many nations now even refuse to extradite criminal suspects without assurances that the death penalty will not be sought. With more than 90 countries having already ratified or acceded to the Second Optional Protocol to the International Covenant on Civil and Political Rights ( ICCPR ), aiming at the abolition of the death penalty, and with scores of domestic and international NGOs now actively promoting abolition, the global movement to abolish capital punishment has made significant strides and holds tremendous promise, though much more work remains to be done. This Article highlights the path forward for advocates seeking the death penalty’s abolition in law—and de facto—across the globe, with a focus on international law and classifying the use of capital prosecutions, death sentences, and executions as acts of torture and clear violations of fundamental human rights. In particular, the Article discusses advocacy efforts before the United Nations, highlights the role of NGOs in leading that effort, and advocates for the recognition of a peremptory, or jus cogens, norm of international law prohibiting capital punishment in light of the modern conception of torture