Posted by Eugene Volokh:
Next Stop in International Human Rights Law -- Illegal To Sentence Murderers to
Life Without Parole?
http://volokh.com/archives/archive_2009_03_15-2009_03_21.shtml#1237483066
The [1]New Zealand Herald reports:
Foreign Affairs officials are warning the Government that its
hardline sentencing and non-parole policy risk damaging New
Zealand's international reputation.
They say National's "no parole for the worst murderers" policy and
the proposed "three strikes and you're out" law could breach
international obligations on torture and civil rights.
The Ministry of Foreign Affairs and Trade says such breaches would
affect New Zealand's ability to influence other countries.
The ministry's advice, obtained by the Herald under the Official
Information Act, says passing the laws "would pose reputational
risks to New Zealand by resulting in international criticism".
The ministry has told the Government that no parole for the worst
murderers -- a National election policy -- would enable "indefinite
detention without the possibility of release", and would probably
violate two human rights conventions monitored by the United
Nations.
Act's "three strikes" policy, which imposes a life sentence with a
minimum non-parole period of 25 years on the third "strike"
offence, "may result in disproportionate sentences that could also
breach the human rights obligations assumed by New Zealand (and
most other countries)"....
Depending on how three strikes laws are implemented, they may indeed
be unwise and unjust. The same might even be true of life without
parole for some murderers -- consider someone who is guilty of a mercy
killing, or of killing in revenge against a brutal attack on his child
(when such a killing is planned over an extended time, it probably
would be murder rather than manslaughter). These, though, would be
rare cases, especially as to the "murderers with previous [violent]
convictions" that seem to be involved in this situation.
But I would pretty strongly resist any attempt to have our laws on
these subjects be governed by "human rights conventions" that chiefly
represent the views of elite lawyers in Western countries rather than
of American voters, constitution-makers, or even judges (who at least
have been appointed and confirmed by American elected officials and
could in time be replaced by American elected officials). I would hope
that New Zealand would take a similar view.
It's also important to keep in mind that the "international law"-based
argument against the death penalty wouldn't be limited just to the
death penalty, and in fact might end up being deployed against the
very punishment that is often urged as a reason why the death penalty
is unnecessary.
References
1. http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10562582
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