Right of Reply on the Death Penalty
As delivered by Chargé d’Affaires, a.i. Harry R. Kamian
to the Permanent Council, Vienna
January 25, 2018
Thank you, Mr. Chair.
For the statement issued by my esteemed colleague from the European Union, I would like to offer a couple of comments in response exercising my right of reply. The United States respects the views of those who advocate for the abolition of the death penalty, or a moratorium on its use. However, we note that international law does not prohibit capital punishment. Rather, each country is entitled to choose the path to take on this policy matter. Any decision to eliminate capital punishment must be addressed through the domestic democratic processes of individual countries.
The American people, both at the federal level and in the majority of our individual states, acting through their freely elected representatives, have enacted, and continue to maintain, laws authorizing the death penalty for the most serious crimes.
The International Covenant on Civil and Political Rights (ICCPR) specifically recognizes the authority of countries to impose the death penalty for “the most serious crimes,” in accordance with the law in force at the time of the commission of the crime, when carried out pursuant to a final judgment rendered by a competent court and in accordance with the applicable provisions of the Covenant, including requisite safeguards and fair trial guarantees.
United States law and the U.S. judicial system provide an exhaustive system of protections at both the federal and state levels to ensure that the death penalty is not applied in a summary or arbitrary manner, or in any manner inconsistent with the U.S. Constitution.
Thank you, Mr. Chair.
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