Blog: Christof Heyns

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June 16, 2014

The Human Rights Implications of Killer Robots

Posted by Cara Solomon

Last week, the UN Human Rights Council took a fresh look at fully autonomous weapons, or “killer robots.” Previous international debate had focused on the weapons’ ability to comply with laws of war; the Council, by contrast, examined the issue through the lens of international human rights law, which applies in times of peace as well as armed conflict. In this June 9 post originally published by JURIST, Senior Clinical Instructor Bonnie Docherty argued that killer robots threaten the most fundamental human rights.

 

Fully autonomous weapons, which could select and fire on targets without meaningful human intervention, have the potential to revolutionize the nature of warfare, bringing greater speed and reach to military operations. In the process, though, this emerging technology could endanger both civilians and soldiers.

Nations have been considering the multiple challenges these weapons would pose to the laws of war, also called international humanitarian law. But little attention has been given to the implications for human rights law. If these weapons were developed and used for policing, for example, they would threaten the most basic of these rights, including the right to life, the right to a remedy and the principle of human dignity.

Fully autonomous weapons, also known as autonomous weapons systems or “killer robots,” do not yet exist, but research and technology in a number of countries are moving rapidly in that direction. Because these machines would have the power to determine when to kill, they raise a host of legal, ethical and scientific concerns. Human Rights Watch and Harvard Law School’s International Human Rights Clinic are advocating for a pre-emptive prohibition on fully autonomous weapons. The Campaign to Stop Killer Robots, a global coalition of 52 nongovernmental organizations coordinated by Human Rights Watch, is making the same call. Continue Reading…

June 28, 2012

“Death Penalty in Decline”: Coverage of Monday’s Event

Posted by Corydon Ireland, Harvard News

This article originally appeared in The Harvard Gazette

If current trends continue, the death penalty may be eliminated worldwide as early as 2026.

That’s according to a visiting fellow at Harvard. “It’s not a feel-good topic,” said Christof Heyns during a panel on Monday. “But it is also not simply gloom and doom.”

Heyns was among six experts who participated in “The Death Penalty: Hanging by a Thread,” a conversation about the global fate of what he called “systematic and organized violence by the state.” The event, in a packed classroom in Griswold Hall, was co-sponsored by the Harvard Law School Human Rights Program and Amnesty International USA. It came on day one of a two-day international conference on the death penalty at Harvard Law School (HLS).

Heyns, a South African legal scholar and human rights activist, is a visiting fellow with the Human Rights Program, and the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions. In October, he will submit a report on worldwide death penalty trends to the General Assembly.

Another panelist, University of Middlesex (London) legal scholar William A. Schabas, affirmed the worldwide downward trend in death penalty usage. About 40 nation-states — a fifth of the world’s total — still have provisions for the death penalty, he said, but in the past year only 20 have carried out executions. In the past 35 years, Schabas estimated, two or three nation-states a year have either abolished the death penalty or ceased to use it.

In the United States, the death penalty is in decline as well, said Carol Steiker, the Henry J. Friendly Professor of Law and Harvard Law School’s special adviser for public service. Annual executions have dropped from about 100 to 50 in 10 years.

For one, Steiker said, there is an increasing sense of the fallibility of evidence, including the place of DNA in what some lawyers call “the innocence revolution.”

A Supreme Court decision banning the death penalty is far more likely today than a decade ago, Steiker said. But is that even desirable? Forty years ago, the court’s decision in Furman v. Georgia created a virtual moratorium on the death penalty, but also “a furious backlash,” she said. (The court’s renewed acceptance of the death penalty came in 1976, with Gregg v. Georgia.)

It is better, perhaps, to simply let such laws be “hollowed out,” state by state, said Steiker. She cited recent laws, ballot initiatives, legislation, and moratoriums in California, Oregon, Montana, Colorado, Kentucky, and New Hampshire.

The panel addressed another issue: Is the death penalty a form of torture?  Yes, said Juan Méndez. The American University legal scholar, a native of Argentina, is the U.N.’s Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Like Heyns, he will submit a report on the death penalty to the General Assembly in October.

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June 19, 2012

TODAY: A Discussion with Leading Experts on the Death Penalty

Event Notice

Monday, June 25, 2012

Amnesty International USA and the Human Rights Program present

“The Death Penalty: Hanging by a Thread?”

5:00-6:30 pm

Griswold Hall 110

A Panel Discussion featuring:

Christof Heyns, United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions; University of Pretoria

Juan Méndez, United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; American University, Washington D.C.

William A. Schabas, Professor of International Law, University of Middlesex, London

Carol Steiker, Henry J. Friendly Professor of Law, Special Advisor for Public Service, Harvard Law School

Lloyd Barnett, Member of the Inter-American Institute on Human Rights

Nigel Rodley, Chair, Human Rights Center, University of Essex; Member of the United Nations Human Rights Committee

Forty years ago, the US Supreme Court handed down Furman v. Georgia, which led to the de facto moratorium on the death penalty for four years. The US is one of the few industrialized democracies which permits the death penalty. Globally, judicial execution is prohibited in the vast majority of countries; increasingly the long confinement of prisoners on death row is viewed as a form of torture. This panel discussion will explore these and other dimensions with the world’s leading experts on the death penalty.

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