Capital Punishment: An Analysis in the Light of International Human Rights Law and Pakistani Domestic Laws

This paper aims to analyze the possibilities of Pakistan’s ratification of the
2nd optional protocol to the International Covenant on Civil and Political
Rights (ICCPR). The study explores Pakistani laws to find out the number
and nature of crimes which are punishable with death. The paper also aims
to comprehend the grounds why Pakistan does not abolish death penalty
and the realities which prevent Pakistan from ratification of the said
protocol. The paper proposes to find a flexible solution to the issue by
exploring the limitations on the death penalty under Islamic Law as it
prescribes death penalty for very few crimes. The propagators of the
abolishment of capital punishment, however, consider the right to life to be
absolute which cannot be alienated. As a matter of principle both Islamic
law and international human rights law (IHRL) consider the protection of
life and endurance of justice to be very significant but the conflict, which
has raised the discrepancy, is in the priorities between the interest of
individual and public at large. Nevertheless, a comprehensive and impartial
research leads to sort out the means to bridge the gap between the
International Human Rights Law and the Pakistani Domestic laws. The
paper concludes that as the protocol is not mandatory and is an option, so if
it could not be followed in entirety, it is possible to ratify partially to the
maximum extent, making possible amendments to ensure better accordance
with it would surely be a remarkable step by the State’s legislation.