Contemplations on the Death Penalty Abolition under the International Criminal Court’s Justice System

Abstract The state’s choice to retain the death penalty within its penal system, traditionally, has been within the realm of its sovereignty. A dynamic, however, materialized when the International Criminal Court (ICC) took a zero-sum approach in its criminal justice system by abolishing the death penalty. Consequently, a potential erosion of what has been traditionally recognized as the state’s choice arises. This article will assess the evolution of the criminal justice system in the international law context, which eventually influenced the ICC’s position. Following such observation, this article will inquire whether the ICC’s abolitionist approach could be universally embraced, especially in a world filled with diverse legal traditions. Finally, this article will probe the leeway within the complementarity principle, which for so long has been regarded as the retentionist states’ last line of defence in preserving the death penalty when the ICC has jurisdiction.