, LCP4807 Assignment 2 (COMPLETE ANSWERS) Semester
2 2025 – DUE 18 September 2025; 100% correct solutions
and explanations.
3 ESSAYS PROVIDED
LEGAL OPINION: Challenging the Constitutionality of the
Mandatory Death Penalty in the Republic of Kamarara under the
ICCPR Framework
1. Introduction
The death penalty remains one of the most contentious issues in
international human rights law. While not explicitly prohibited under the
International Covenant on Civil and Political Rights (ICCPR), there are
strict limitations placed on its application. The Republic of Kamarara,
having ratified the ICCPR and its two Optional Protocols, is legally
bound to adhere to its provisions. The case of Mr Mbhekwe, who was
sentenced to a mandatory death penalty for murder, raises critical
questions about the compatibility of Kamarara’s domestic law with
international human rights obligations. The Movement Against Death
Penalty (MADP) seeks to challenge the legality of this penalty through a
communication to the Human Rights Committee (HRC), the treaty body
responsible for monitoring the implementation of the ICCPR. This legal
opinion addresses the procedural feasibility, merits of the claim, and
potential remedies available under the ICCPR.
2. Procedural Issues: Admissibility Before the Human Rights
Committee
2 2025 – DUE 18 September 2025; 100% correct solutions
and explanations.
3 ESSAYS PROVIDED
LEGAL OPINION: Challenging the Constitutionality of the
Mandatory Death Penalty in the Republic of Kamarara under the
ICCPR Framework
1. Introduction
The death penalty remains one of the most contentious issues in
international human rights law. While not explicitly prohibited under the
International Covenant on Civil and Political Rights (ICCPR), there are
strict limitations placed on its application. The Republic of Kamarara,
having ratified the ICCPR and its two Optional Protocols, is legally
bound to adhere to its provisions. The case of Mr Mbhekwe, who was
sentenced to a mandatory death penalty for murder, raises critical
questions about the compatibility of Kamarara’s domestic law with
international human rights obligations. The Movement Against Death
Penalty (MADP) seeks to challenge the legality of this penalty through a
communication to the Human Rights Committee (HRC), the treaty body
responsible for monitoring the implementation of the ICCPR. This legal
opinion addresses the procedural feasibility, merits of the claim, and
potential remedies available under the ICCPR.
2. Procedural Issues: Admissibility Before the Human Rights
Committee