The death penalty as a tool in the fight against terrorism: international experience and Russian practice

The subject of this research is the institution of the death penalty as a specific tool against terrorism in the modern legal landscape. The authors conduct a comprehensive analysis of the legal nature of the highest measure of punishment and its application to terrorism-related crimes, considering this institution of criminal law in the context of international human rights standards and national legal systems. Central attention is given to the key contradiction between the necessity of protecting society from terrorist threats and the obligations to uphold fundamental individual rights. Special emphasis is placed on the study of international legal standards and their relationship with national legal systems, including the Russian legal specificity with its current moratorium and discussions about its possible revision. The analysis covers both normative aspects and the practical application of relevant provisions, allowing for the identification of contemporary trends in the development of anti-terrorism legislation. The work presents a comparative analysis of law enforcement practices in various countries, including those that maintain the death penalty (Iran, the USA, China) and those that have abolished it (EU), as well as an analysis of foreign legislation, judicial practices, and statistical methods. The scientific novelty of the research lies in the development of a comprehensive approach to assessing the effectiveness of the death penalty as a means of combating terrorism, based on an analysis of contemporary legal trends and criminological data. The authors examine the issue of judicial errors in terrorism cases for the first time through the lens of the specifics of anti-terrorist activities, where a lack of information is combined with the necessity for prompt responses. The analysis conducted allows for the conclusion that an effective anti-terrorism policy should be based on a balanced combination of strict punitive measures with preventive programs and international cooperation. In this regard, the adherence to legal guarantees and humanitarian principles takes on special significance, which is particularly relevant in the context of discussions about the application of exceptional punitive measures. For further research, a promising direction will be the development of quantitative methods for assessing the impact of alternative penal measures on the level of terrorist threats, as well as the analysis of social and economic factors contributing to radicalization. This will allow for a shift in the discussion of the death penalty to the realm of empirically justified decisions.

death penalty, terrorism, international law, human rights, criminal punishment, legal systems, anti-terrorist policy, humanization of punishment, countering terrorism, moratorium