International law imposes restrictions on the use of the death penalty. Ireland is completely opposed to the death penalty in time of peace or war and is party to various UN and European human rights treaties that have successively limited (and, in the case of the Council of Europe, completely outlawed) the practice. Furthermore, Ireland condemns all forms of arbitrary, summary and extrajudicial executions.
In November 2014 Ireland, together with the other EU Member States, co-sponsored the UN General Assembly’s resolution on extrajudicial, summary or arbitrary executions. At the core of this resolution are the right to life and the fight against impunity. Notably, by way of this resolution, the General Assembly expressed its deep concern
about acts that can amount to extrajudicial, summary or arbitrary executions committed against persons exercising their rights of peaceful assembly and freedom of expression in all regions of the world, and about killings committed by non-State actors, including terrorist groups and criminal organisations, that may amount to abuses of international human rights law and violations of international humanitarian law.
The strong text of this resolution includes references to killings of persons belonging to national or ethnic, religious and linguistic minorities or because of their sexual orientation or gender identity; killings of persons for reasons related to their activities as human rights defenders, lawyers, journalists or demonstrators; killings of persons affected by terrorism or hostage-taking or living under foreign occupation, racially motivated killings, killings of refugees, internally displaced persons, migrants, street children or members of indigenous communities, killings committed in the name of passion or in the name of honour, and killings committed for discriminatory reasons on any basis.
In June 2014, during the 26th session of the UN Human Rights Council, Ireland co-sponsored the resolution which renewed the mandate of the UN Special Rapporteur on extrajudicial, summary and arbitrary executions. This resolution reiterates the obligation of all States to conduct exhaustive and impartial investigations into all suspected cases of extrajudicial, summary or arbitrary executions; to identify and to bring to justice those responsible, while ensuring the right of every person to a fair and public hearing by a competent, independent and impartial tribunal established by law; to grant adequate compensation within a reasonable time to the victims or their families and to adopt all necessary measures, including legal and judicial measures, in order to bring an end to impunity and to prevent the recurrence of such executions.
As recognised in the above resolutions, extrajudicial, summary or arbitrary executions may in certain circumstances amount to genocide, crimes against humanity or war crimes as defined in international law, including the Rome Statute of the International Criminal Court. In circumstances where the Court has jurisdiction by virtue of such executions taking place in the territory of a state party or state that has accepted the Court’s role, or by the national of such a state, or where the United Nations Security Council has determined that the ICC has jurisdiction, prosecutions may be brought against alleged perpetrators in appropriate circumstances.
Let me reassure the Deputy that Ireland is committed to upholding the respect for international law in order to prevent extrajudicial, summary or arbitrary executions in all circumstances and to working for the complete abolition of the death penalty.
