Capital Punishment: An Analysis In The Light of International Human Rights Law and Pakistani Domestic Laws
Abstract
This paper aims to analyze the possibilities of Pakistan’s ratification of the 2nd optional protocol to the International Covenant on Civil and Political Rights (ICCPR). The study explores Pakistani laws to find out the number and nature of crimes which are punishable with death. The paper also aims to comprehend the grounds why Pakistan does not abolish death penalty and the realities which prevent Pakistan from ratification of the said protocol. The paper proposes to find a flexible solution to the issue by exploring the limitations on the death penalty under Islamic Law as it prescribes death penalty for very few crimes. The propagators of the abolishment of capital punishment, however, consider the right to life to be absolute which cannot be alienated. As a matter of principle both Islamic law and international human rights law (IHRL) consider the protection of life and endurance of justice to be very significant but the conflict, which has raised the discrepancy, is in the priorities between the interest of individual and public at large. Nevertheless, a comprehensive and impartial research leads to sort out the means to bridge the gap between the International Human Rights Law and the Pakistani Domestic laws. The paper concludes that as the protocol is not mandatory and is an option, so if it could not be followed in entirety, it is possible to ratify partially to the maximum extent, making possible amendments to ensure better accordance with it would surely be a remarkable step by the State’s legislation.
