The United Nations Convention on the Rights of the Child: a basis for jus cogens prohibition of juvenile capital punishment in the United States.
This article supports the position that the 1989 United Nations Convention on the Rights of the Child (CRC) articulates a prohibition of capital punishment of juveniles that now must be considered a norm of jus cogens. The article provides statistics and trends regarding juveniles who commit capital crimes and describes how the U.S. justice system handles such juveniles, including Eighth Amendment analyses of juvenile executions under the U.S. Constitution. The article also discusses community consensus regarding evolving standards of decency, describes international law on the capital punishment of juveniles, and outlines worldwide trends in juvenile executions. It then defines and describes the concepts of customary international law and jus cogens, applying these concepts to the problem of the execution of juveniles in the United States. The article concludes by suggesting that there is a moral imperative for universal prohibition of juvenile capital punishment and by speculating about the domestic effects of applying such a jus cogens norm in the United States.
Walker
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Institute for Children, Youth, and Families, Suite 27, Kellogg Center, Michigan State University, East Lansing, MI 48824-1022, USA. walkern@msu.edu
D000293:Adolescent; D000367:Age Factors; D002203:Capital Punishment / Q000331:legislation & jurisprudence*; D002651:Child Advocacy / Q000331:legislation & jurisprudence*; D003415:Crime / Q000331:legislation & jurisprudence* / Q000706:statistics & numerical data; D005260:Female; D006801:Humans; D007604:Juvenile Delinquency / Q000706:statistics & numerical data*; D008297:Male; D014480:United Nations / Q000331:legislation & jurisprudence; D014481:United States / Q000453:epidemiology