The right to life

Origins and scope

• Been described as THE SUPREME RIGHT and THE CORNERSTONE OF
ALL HUMAN RIGHTS
• Constantly evolving
• Magna Carta, Massachusetts Body of Liberties, Declaration of Independence,
Art 5 of American Bill of Rights
• State responsibility for full protection of the right to life
Human rights provisions
on the right to life and
international
humanitarian law
the right to life as focus

• Implicitly applied in International conventions

• Manifested in core of Human Rights Law and International
Humanitarian Law
• Right to life as a majori ad minus
International humanitarian law

• Human rights as upheld in peacetime

• War as inevitable in course of humanity
• Laws of war + Human Rights = IHL

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 IHL and HRL
• IDEAL
• HRL and IHL are
meant to
RIGH complement each
IHL HRL
T TO other in upholding
LIFE
• THE RIGHT TO
LIFE
Capital Punishment
 Central themes of modern human rights law:

Abolition of capital punishment

 SIX DECADES LATER…

Three- quarters of un members are considered abolitionist.

80 states are confirmed to abolitionist.

TWO PRINCIPLE S WITH RESPECT TO THE DEATH

PENALTY:
 NOTIFICATION OF THE SENTENCE TO THE
PRISONER’S Government
 MORATORIUM ON EXECUTION OF THE SENTENCE
FOR THE THREE MONTHS FOLLOWING
SENTENCING
 IMPORTANT INNOVATIONS OF FOURTH GENEVA CONVENTION
(GC IV):

A SEVERE RESTRICTION ON THE CRIMES FOR Which THE DEATH PENALTY MAY BE
IMPOSED AND A TOTAL PROHIBITION ON THE EXECUTION OF JUVENILE OFFENDERS.

ARTICLE 75 OF GC IV

GRANTS A RIGHT TO PETITION FOR PARDON

 COMMON ARTICLE 3 (MINIMUM YARDSTICK)

“PROHIBITS THE PASSING OF SENTENCES AND CARRYING OUT OF EXECUTIONS

WITHOUT PREVIOUS JUDGMENT pronounced by a regularly constituted court,
affording all the judicial guarantees which are recognized as indispensable
by civilized people.”

1977 Additional Protocols:

 Prohibits CP to juvenile offenders.

 AP I- Mothers following childbirth.
 AP II- Mothers of young children
JUS AD BELLUM AND THE RIGHT
TO LIFE
 JUS AD BELLUM
Jus ad bellum (Latin for "right to war") is a set of
criteria that are to be consulted before engaging in
war in order to determine whether entering into
war is permissible, that is, whether it is a just war.
 Proper authority and public
declaration
• The principle of right authority suggests that a war is just only if waged by a
legitimate authority. Such authority is rooted in the notion of state sovereignty.
• Proper authority is what differentiates war from murder: "It is the rules of warfare
that give the practice meaning, that distinguish war from murder and soldiers
from criminals".
 Just cause / right intention
According to the principle of right intention, the aim of war must not be
to pursue narrowly defined national interests, but rather to re-establish a
just peace. This state of peace should be preferable to the conditions that
would have prevailed had the war not occurred.
 Probability of success
According to this principle, there must be good grounds for concluding that aims of the
just war are achievable.This principle emphasizes that mass violence must not be
undertaken if it is unlikely to secure the just cause.
 Proportionality
The principle of proportionality stipulates that the
violence used in the war must be proportional to the
military objectives. This objective is meant to
preclude "scorched earth" policies. 
 Last resort
The principle of last resort stipulates that all non-violent options must
first be exhausted before the use of force can be justified. Diplomatic
options, sanctions, and other non-military methods must be attempted or
validly ruled out before the engagement of hostilities.
 The right to life
• Article 2 of the Human Rights Act that protects your right to life.
• Public authorities should also consider your right to life when making
decisions that might put you in danger or that affect your life
expectancy.
 Are there any restrictions to
this right?
• stop them carrying out unlawful violence
• make a lawful arrest
• stop them escaping lawful detainment, and
• stop a riot or uprising.

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Conclusion

• The right to life is a central concept as to the propagation of Human Rights Law (HRL) and
International Humanitarian Law (IHL); while both can be seen as upholders of said concept
it can also be interpreted as the cornerstone which gives both the capacity to function.
• Right to life can also be interpreted as the foundation of the following; A.) Jus ad Bellum, B.)
Proper Authority and Public Declaration, C.) Just Cause / Right intention, D.)
Probability of Success, E.) Proportionality, F.) Last Resort.

12/18/20
Questions

• Does the right to life concept still apply to those who commit crimes against humanity?
• How do these contemporary issues such as abortion, capital punishment, etc challenge the
evolution of the right to life?
• The main objective of the ICRC is the abolition of death penalty, but don't victims of violent
crime and their families have a right to justice?

12/18/20