Extrajudicial execution

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An extrajudicial execution or extrajudicial execution ( English extra-judicial execution ) is an arbitrary and deliberate killing of a person, usually carried out on the order, with the participation or with the tolerance of governments, without a court of law having imposed a death penalty or ordering the execution . That is why this form of killing one or more people is often referred to as extrajudicial execution . Due to the worldwide outlawing of this form of political murder , the United Nations appointed a rapporteur on extrajudicial, summary and arbitrary executions as early as 1982 .

definition

There is no generally accepted definition of the term. In a work written for the Human Rights Commission of Pakistan, Asad Jamal cites the following criteria: “Extrajudicial executions violate national law, human rights or humanitarian law. They include excessive police force, indiscriminate killings of civilians in an armed conflict, and murders by state security forces or paramilitary groups when they are not adequately investigated, charged and punished. ”The work also cites the definition given by the first UN Special Rapporteur extrajudicial, summary and arbitrary executions, Amos Wako (1982–1992) who views these killings as murders outside of judicial and legal proceedings, both under national and international law. In an essay from 2005 David Kretzmer came up with the following definition:

"Any use of lethal force by state authorities that is not justified by the right to life provisions is to be viewed as an extrajudicial execution."

Manifestations

In a 14-point program to prevent extrajudicial executions, the German section of Amnesty International writes : “Many victims of extrajudicial executions had previously been arrested or reported as ' disappeared ' by their families . Some were killed in their homes or in the course of military operations, others were assassinations by uniformed security forces or " death squads " operating with official approval . Still others were shot willfully and arbitrarily during peaceful demonstrations. ”A handbook by UN Special Rapporteur Professor Philip Alston (August 2004-July 2010) describes various situations in which extrajudicial executions can occur and which methods should be used to investigate these types of human rights abuses. The following sub-items are mentioned:

  • Use of force during an armed conflict
  • Use of force by civil servants
  • Killings by non-state actors and positive state obligations
  • Death in custody
  • Investigating and prosecuting killings
  • State compensation

In recent years, the special rapporteurs have included targeted state killing by unmanned and armed aircraft ("drones") in their mandate.

Ways of prevention

In the 14-point program to prevent extrajudicial executions, Amnesty International et al. a. the following options:

  • Official conviction of extrajudicial executions
  • Strict limitation of the use of force
  • Ban on " death squads "
  • Protection of people at risk
  • No secret detention
  • Legal prohibition of extrajudicial executions
  • Independent research
  • Prosecuting the alleged perpetrators
  • Compensation to the families of the victims

See also

Individual evidence

  1. ↑ a b c The 14-point program ( memento of March 9, 2013 in the Internet Archive ) can be found on the pages of the German section of Amnesty International; Retrieved January 7, 2013
  2. ^ Understanding extra-judicial killings . ( Memento of August 13, 2012 in the Internet Archive ) (PDF) hrcp-web.org; Retrieved January 7, 2013. The English text reads “Broadly speaking, the term" extra-judicial killings "covers executions which violate domestic penal, or human rights or humanitarian law. Common forms of extra-judicial killings include killing caused by excessive use of force by police, indiscriminate killings of civilians during an armed conflict, and murder by state security forces or paramilitary groups, when these am not adequately investigated, prosecuted or punished ”.
  3. ↑ Targeted Killing of Suspected Terrorists: Extra-Judicial Executions or Legitimate Means of Defense? (PDF; 314 kB) In: European Journal of International Law , Vol. 16, 2005, no.2; Retrieved on January 7, 2013. The English text reads: “Any intentional use of lethal force by state authorities that is not justified under the provisions regarding the right to life, will, by definition, be regarded as an 'extra-judicial execution' ”
  4. ↑ The English website ( Memento from July 20, 2012 in the Internet Archive ) is quite clear; Retrieved January 7, 2013
  5. ↑ Interview with Philip Alston