Rights in Conflict: The Clash between Abolishing the Death Penalty and Delivering Justice to the Victims

Abstract

The abolition of the death penalty and delivering justice to the victims of atrocity crimes are two dominant international human rights issues. Despite the prominence of both issues, the international human rights community views the abolition of the death penalty as being the more important objective. This is evidenced by the preclusion of the use of the death penalty as a punishment at international and internationalized criminal courts and tribunals despite the fact that some victims have indicated that they can only experience justice following the execution of the perpetrators of the crimes committed against them. This article addresses whether these two goals are in conflict, whether that conflict is intractable and whether it is appropriate to prioritize one objective over the other. Finally, it concludes that these two goals are incompatible, and that the victim’s right to justice must give way in favour of the right to life.