Chapter 7 • The Right to a Fair Trial: Part II – From Trial to Final Judgement The European Convention on Human Rights per se allows for the death penalty; this follows from article 2(1), which provides that “no one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law”. However, according to article 1 of Protocol No. 6 to the Convention, “the death penalty shall be abolished” and “no one shall be condemned to such penalty or executed”. Yet article 2 of the Protocol makes provision for the use of the death penalty “in respect of acts committed in time of war or of imminent threat of war”. Once into force, Protocol No. 13 to the Convention will, however, outlaw the death penalty at all times. Signed on 3 May 2002 in Vilnius, Protocol No. 13 had, as of 14 May 2002, 3 of the 10 ratifications required for its entry into force.223 ***** Neither the International Criminal Court nor the International Criminal Tribunals for Rwanda and the former Yugoslavia can impose the death penalty (see art. 77 of the Statute of the International Criminal Court and arts. 23 and 24 of the respective Statutes of the International Criminal Tribunals for Rwanda and the former Yugoslavia). Under international human rights law, a heavier penalty cannot be imposed than that applicable at the time of the commission of the offence. If a lighter penalty has been introduced since the commission of the offence, the convicted person shall, however, benefit therefrom. Punishments must be consistent with international human rights standards. They must in no circumstances amount to torture, inhuman, cruel or degrading treatment or punishment. Corporal chastisement is unlawful to the extent that it amounts to such treatment. Such chastisement is in general considered inappropriate by the international monitoring organs. The use of the death penalty is strictly circumscribed under international human rights law; if permissible at all, it is limited to the most serious crimes; and cannot be imposed for crimes committed by persons under eighteen years of age. Many countries are now legally committed not to resort to the use of capital punishment in times of peace. 223 See http://conventions.coe.int/. 304 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers