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37.
Proponents of “mercy killings” often justify them out of compassion, but in practice they
are much more likely to reflect an underlying dehumanization of the enemy. For example, Iraqis
who witnessed the shootings by Alban and Horne said that “rather than provide medical help to
an injured civilian, the soldiers had treated the Iraqi as if he were an animal struck by a car”.50
38.
It warrants underlining the fact that international humanitarian law does not allow - under
any circumstances - the taking of the life of another as a purported act of “mercy”. The
obligation to treat injured soldiers “humanely” and the obligation to “respect and protect” the
wounded are incompatible with the idea of “mercy killings”. Rather, the obligation of parties to
a conflict, in the presence of injured persons, is (i) to “take all possible measures to search for,
collect and evacuate the wounded, sick and shipwrecked without adverse distinction”51 and
(ii) to seek the appropriate medical care to the fullest extent practicable and with the least
possible delay.52 Individual parties to the conflict, who lack medical training, may not take the
medical care of the wounded into their own hands by deciding to end the life of an injured
person on the battlefield. Such killings are an unequivocal violation of international
humanitarian law.
C. Imposing the death penalty only for the “most serious crimes”
39.
International human rights law provides that States which retain the death penalty can
only impose it for “the most serious crimes”. That phrase has thus assumed major importance in
efforts to determine when the death penalty might acceptably be imposed. While its precise
meaning has not been spelled out in treaty form, the debates over its drafting, principles of
interpretation adopted subsequently, and the by now very extensive practice of international
human rights mechanisms have all combined to clarify the meaning and significance of the
phrase.
40.
The first Special Rapporteur dealt with the issue of the “most serious crimes” as early
as 1984 when he surveyed the death penalty legislation of States to assess the range of offences
for which it was then imposed in practice.53 The results of the survey contributed to the
elaboration of the safeguards guaranteeing protection of the rights of those facing the death
penalty, which were adopted by the Economic and Social Council later that year.54 In his next
report, the Special Rapporteur noted that these safeguards would “serve as criteria for
ascertaining whether an execution is of a summary or arbitrary nature”,55 and he began to
consider particular situations implicating the most serious crimes limitation.56 In subsequent
reports, the Special Rapporteur drew on the safeguards and their follow-up by the Council as
well as on the jurisprudence of the Human Rights Committee in determining whether particular
offences fell within or outside the scope of the “most serious crimes” requirement.57 In
communications with Governments, the Special Rapporteur has addressed death sentences for
offences and conduct including58 adultery,59 apostasy,60 blasphemy,61 bribery,62 acts
incompatible with chastity,63 corruption,64 drug possession,65 drug trafficking,66 drug-related
offences,67 economic offences,68 expressing oneself,69 holding an opinion,70 homosexual acts,71
matters of sexual orientation,72 manifesting one’s religion or beliefs,73 prostitution,74
organization of prostitution,75 participation in protests,76 premarital sex,77 singing songs inciting
men to go to war,78 sodomy,79 speculation,80 “acts of treason, espionage or other vaguely defined
acts usually described as ‘crimes against the State’”,81 and writing slogans against a country’s
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