Open AccessInterpreting ‘Most Serious Crimes’ under Article 6(2) of ICCPR
Author(s) -
Devita Kartika Putri
Publication year - 2020
Publication title -
jurnal mimbar hukum
Language(s) - English
Resource type - Journals
ISSN - 2443-0994
DOI - 10.22146/jmh.48979
Subject(s) - international covenant on civil and political rights , scope (computer science) , political science , interpretation (philosophy) , covenant , human rights , law , criminology , politics , war crime , psychology , international law , international human rights law , right to property , computer science , programming language
Article 6 of the International Covenant for Civil and Political Rights protects the right to life. Meanwhile, Article 6(2) stipulates an exception where death penalty may only be imposed for the ‘most serious crimes.’ The Human Rights Committee had previously provided that ‘most serious crimes’ exclude other crimes which do not result in loss of life regardless of how severe the crime may be, including—crimes that threaten national security. In this regard, this Article will attempt to explore the scope of ‘most serious crimes’ by means of interpretation and margin of appreciation.