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Download Confronting Capital Punishment in Asia: Human Rights, by Roger Hood, Surya Deva PDF

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By Roger Hood, Surya Deva

Capital punishment has for a few years now been the topic of controversy and ethical debate. With the strengthening concentration around the globe on human rights there was a stream to abolish this manner of punishment or in the slightest degree, uphold the minimal foreign legislations criteria geared toward retaining the rights of these dealing with capital punishment.

This booklet identifies Asia as being rather unaffected through those foreign pressures. The essays contained during this quantity supply an research of adjustments within the scope and alertness of the demise penalty in Asian nations, and clarify in what methods they fail to satisfy those overseas legislations criteria.

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Additional resources for Confronting Capital Punishment in Asia: Human Rights, Politics and Public Opinion

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There must be limits to any form of excessive or extreme punishment that inevitably involves the infliction of physical and psychological suffering. International norms and standards have thus been developed to provide a code of irreducible standards that are applicable to all states pending total abolition of capital punishment. indd 23 9/24/2013 8:55:10 PM 24 The Impact and Importance of International Human Rights Standards 2. Does International Law Prohibit the Death Penalty? 1 It is still the case that the retention of the death penalty for a very limited number of offences may not amount to a violation of international law per se, but there are aspects of international human rights law that have been intentionally designed in order to prohibit capital punishment.

But to the extent that the very wide range of governmental systems persists in the twenty-first century, the problems of scrutiny across such political boundaries will limit the effectiveness of regional organizations for some time to come. This may be a genuinely substantive ‘Asian difference’. 3. Two Modest Proposals The special historical and current circumstances of the death penalty in Asia suggest two modest shifts from a general abolitionist agenda that would help in the region, a non-governmental organization (NGO) that is both indigenous to and focused on the region and a special emphasis on the early prohibition of state killing as an instrument of political conflict.

In addition to the standard problems of funding and staffing, choice of the best place to locate such a centre is not obvious. The region’s political diversity would make authoritarian governments inhospitable to this type of centre, and Japan’s spotty record on executions probably would make Tokyo a poor place to locate a regional centre. Seoul in South Korea and Hong Kong are two attractive possibilities. And one way to minimize cost and provide continuity and support would be to locate in a university or larger criminology institute.

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