Summary Execution - Civilian Jurisdiction

Civilian Jurisdiction

In nearly all civilian jurisdictions today, summary execution is illegal, as it violates the right of the accused to a fair trial before a punishment of death. Almost all constitutions or legal systems based on common law have prohibited execution without the decision and sentence of a competent judge, and the UN's International Covenant on Civil and Political Rights has declared the same:

"Every human being has the inherent right to life. This right shall be protected by law. No man shall be deprived of his life arbitrarily."
" penalty can only be carried out pursuant to a final judgment rendered by a competent court" – ICCPR Articles 6.1 and 6.2.

In practice, though, extrajudicial killings have been illegally performed by police and domestic forces in various countries and times, sometimes under the guise of martial law. It is also performed by armed bands fighting against governments and common citizens. (See below.)

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