Malaysian Model United Nations
Forum:
Human Rights I
Issue:
Regulating the Implementation of the Death Penalty
Student Officer: Christopher Huang
Position:
President of Human Rights I
Introduction
Death penalty, also known as capital punishment is punishment by death that is sanctioned by
the government. From the ancient times, the death penalty has been a persisting act of retribution in our
world. The implementation these harsh punishments has raised a lot of question in and conflicted with
some fundamental aspects of human rights. The death penalty is a matter that raised a lot of controversy
in many countries and states. As a result of this, the United Nations General Assembly adopted many
resolutions on this matter. The death penalty has effected the lives of others in this world for many
centuries now, many experts has commented on the death penalty saying that it is “an extreme violation
of human rights”– UC Berkeley News.
Definition of Key Terms
UDHR (Universal Declaration of Human Rights)
The UDHR is a declaration created by the United Nations General Assembly. It signifies the first
worldwide illustration of rights to which all people are entitled. Though it isn’t a binding treaty, this
declaration was specifically adopted for the purpose of developing a clear definition on the
meaning of the words "fundamental freedoms" and "human rights" which appears on the United
Nations Charter. The UN Charter is binding to all member states. As a result, the UDHR is
considered a fundamental constitutive document of the United Nations.
National Sovereignty
National sovereignty is the uncontrollable power for which independent states are governed and
from which all political powers are originated. This includes the intended independence of a state,
and the right of a country controlling its internal affairs without foreign interference. The UN
respects the right of all nations to govern themselves.
International Covenant on Civil and Political Rights (ICCPR)
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The International Covenant on Civil and Political Rights is a treaty created by the United Nations
General Assembly. This treaty was created on 16 December 1966. It was in force since 23 March
1976. It obligates its signatories to respect both the civil and political rights of humans. This
includes the rights to life, freedom of religion, freedom of speech, freedom of assembly in addition
to electoral rights and rights to due process and a fair trial.
Background Information
Abolishment of the death penalty
Based on information from Amnesty International, there are 103 countries that have completely
abolished the death sentence. There are six countries that eliminated the death penalty from most
crimes, except for war crimes. The last country to abolish the death sentence was in Latvia in 2012.
There are currently 36 countries that are actively implementing the death penalty.
Abolishment in China and Japan
Between 747 and 759, the death penalty was abolished in China. However, China
reenrolled their death penalty regulation and have the highest execution rate. Both Deng and
Mao, two of China’s notable leaders, has portrayed the death penalty as means “to assuage the
people’s anger”. In Japan 818, the death penalty was abolished due to the influence of Shinto,
but it only lasted till 1156.
Abolishment in Europe
The death penalty was abolished in the Roman Republic on 1849, then in Venezuela in
1854. San Marino followed by banning capital punishment in 1865. San Marino conducted its last
execution in 1468. After legislative proposals from 1852 to 1863, Portugal finally abolished its
death penalty in 1867. As a five-year experiment, the United Kingdom abolished its death penalty
regulations for murder in 1965, but it was permanently removed in 1969. The UK had their last
execution in 1964.
Abolishment in USA and Canada
Michigan was the first state in the US to abolish capital punishment. This occurred on May
18th 1846. Between 1972 and 1976, the death penalty was declared as an unconstitutional
punishment. However, in 1976 the death penalty was once again permitted for specific
circumstances. Currently, 19 states and the district of Columbia have abolished capital
punishment from their legal systems. As for Canada, the country started with an abolishment with
the exception of some military offenses in 1976. However the country completely abolished
capital punishment in 1998.
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Debate and Controversy
Capital punishment is a very controversial topic. Opponents of the death penalty sees it as an inhumane
act, criticizes it for its irreversibility, and states that it lacks a deterrent effect.
Retribution
People that support the death penalty argues that it is morally right when considered in
cases of murder, especially with infuriating circumstances such as: homicide, child murder, cop
killers, torture and mass killing such as terrorism. It is even believed by certain groups for capital
punishment that not applying the death penalty in these cases would be unjust.
Abolitionists
Non-supporters of the death penalty believe that it is one of the worst violations of fundamental human
rights. They argue that one of the most important rights is the right to life, and the death penalty
unnecessarily violates it. It can also inflict a psychological stress to the condemned criminals. US politics
expert Kathy Gill argued that “most deterrence research has found that the death penalty has virtually
the same effect as long imprisonment on homicide rates”.
Timeline of Events
Date
June 9, 1787
May 18, 1846
November 20, 1989
Description of event
Founding Fathers of the USA allow for death penalty when writing the
constitution
Michigan was the first state to ban the death penalty
The UN General Assembly adopted the Convention of the Rights of the Child,
as an attempt to prevent juvenile executions.
United Nations High Commissioner for Human Rights made a speech on the
12 October 1999
death penalty and was released to the press
2008
93% of all known executions are from China, Iran, Pakistan, United States, and
Saudi Arabia
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2010
The last country to abolish the death penalty was Gabon
UN Involvement, Relevant Resolutions, Treaties and Events
The UN General Assembly adopted five non-binding resolutions in 2007, 2008, 2010, 2012 and
2014. These resolutions call for the global moratorium on executions and suggest a goal of eventual
abolishment. Although there are many nations that have already completely abolished capital
punishment. Over 60% of the world’s population still lives in countries where executions are part of the
constitution. These countries may include, China, India, the United States, and Indonesia.

Moratorium on the use of death penalty, 18 December 2007, A/RES/62/149

Moratorium on the use of death penalty, 18 December 2008, A/RES/63/168

Moratorium on the use of death penalty, 21 December 2010, A/RES/65/206

Moratorium on the use of death penalty, 20 December 2012, A/RES/67/176
Bibliography
"Methods of Execution." Methods of Execution. N.p., n.d. Web. 21 Jan. 2016.
< http://www.deathpenaltyworldwide.org/methods-of-execution.cfm>
"International Polls and Studies." International Polls and Studies. N.p., n.d. Web. 21 Jan. 2016.
< https://web.archive.org/web/20070927203428/http://www.deathpenaltyinfo.org/article.php?did=2165>
"General Assembly Committee Backs Global Moratorium against Death Penalty." UN News Centre. UN
News Service, n.d. Web. 21 Jan. 2016.
< http://www.un.org/apps/news/story.asp?NewsID=24679&Cr=general&Cr1=assembly#.VqDUUhOqqko>
Bist, Raju. "India: Death Penalty Debate Won't Die out Soon." Asia Times Online. Asia Times Online Ltd,
13 Aug. 2004. Web. 21 Jan. 2016.
<http://www.atimes.com/atimes/South_Asia/FH13Df03.html>
Berger, Eric. "Methods of Execution." Death Penalty Worldwide. Cornell Law School, 22 June 2012.
Web. 21 Jan. 2016.
< http://www.deathpenaltyworldwide.org/methods-of-execution.cfm>
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