The immediate counter-argument is that the death threat forces people to undertake reforms. Again, the evidence is simply inconclusive. If the death penalty is applied, it will be final. Mistakes made cannot be made. An innocent person can be released from prison for a crime they did not commit, but an execution can never be called off. We cannot go back on death, we know that systems make mistakes and we are fortunate to live in a country where the majority of the population is opposed to this cruel punishment. Although article 6 of the ICCPR allows for the application of the death penalty in limited circumstances, it also provides that “nothing may be invoked in this article to delay or prevent the abolition of the death penalty by a State party to this Covenant”. Reservations to treaties, including human rights agreements, are universally recognized in international law. However, reservations contrary to the “objective and purpose” of the treaty are not permitted. Eleven countries have formally protested against the U.S.
reservation to the Convention on Civil and Political Rights regarding juvenile delinquents, and the UN Human Rights Committee has stated that such a reservation is not valid. The U.S. Senate responded to this challenge by threatening to withhold funds from U.S. participation in the work of the United Nations Human Rights Committee.9 The General Accounting Office did a review of these studies, and concluded that reliable studies showed: “Those who murdered whites were sentenced to death rather than those who killed blacks. 37 Paraguay attempted to intervene on his behalf in the appeal proceedings, claiming that if Breard had had the opportunity to discuss the US legal system with Paraguayan advisers, he could have accepted the plea and avoided a death sentence, or at least he could have seen the pitfalls of the position. However, Paraguay`s efforts were prohibited by the Eleventh Amendment to the U.S. Constitution, which prohibits any action by foreign countries against a state.19 While this case continued to be appealed, Paraguay filed an appeal with the International Court of Justice in The Hague. In this forum, Paraguay requested a decision to prevent breard`s imminent execution because of the United States.