The United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions, Morris Tidball-Binz, has welcomed ongoing legislative discussions in Lebanon aimed at abolishing the death penalty and strengthening the protection of the right to life.

In an official communication addressed to the Lebanese authorities, the Special Rapporteur expressed support for the draft law currently under consideration by Parliament that seeks to abolish capital punishment across Lebanese legislation. The communication also provides recommendations to ensure that the reform fully complies with Lebanon’s obligations under international human rights law, particularly with respect to the protection of the right to life and human dignity.

Lebanon’s Legal Framework on the Death Penalty

Although Lebanon has maintained a de facto moratorium on executions since 2004, the death penalty remains embedded in the country’s legislative framework. It is still provided for in the Penal Code, the Code of Military Justice, and several special laws.

According to available information, 19 crimes in the Penal Code are punishable by death, and across the broader legal framework more than 41 legislative provisions allow for capital punishment in relation to around twenty offences.

Some of these offences extend beyond cases involving intentional killing and include crimes related to state security, such as acts of treason, assisting enemy forces, or actions deemed to threaten civil peace. Military legislation also includes death-eligible offences such as desertion to the enemy or conduct deemed to undermine military operations.

Despite the absence of executions for more than two decades, Lebanese courts have continued to issue death sentences. Reports indicate that 63 prisoners currently remain under sentence of death, with some sentences issued by military courts.

Draft Law to Abolish Capital Punishment

The draft law under discussion in Parliament contains three key provisions:

• Article 1: Abolishes the death penalty wherever it appears in Lebanese legislation and replaces it with the next most severe penalty.

• Article 2: Applies the reform retroactively to persons previously sentenced to death, allowing them to benefit from the new framework.

• Article 3: Provides that the law enters into force upon its publication in the Official Gazette.

f adopted, the reform would mark a major step toward aligning Lebanon with the growing global trend toward the abolition of capital punishment.

Concerns About Automatic Sentencing

While welcoming the proposed abolition, the Special Rapporteur cautioned that automatically replacing the death penalty with a single fixed custodial sentence may raise concerns under international human rights law.

Such an approach could result in mandatory sentencing that limits judicial discretion and prevents courts from tailoring punishments to the specific circumstances of each case. According to the Special Rapporteur, penalties must remain proportionate and individualized, taking into account factors such as the gravity of the offence, the circumstances of the offender, and prospects for rehabilitation.

These concerns relate to obligations under the International Covenant on Civil and Political Rights (ICCPR), particularly regarding the right to liberty, due process, and fair trial guarantees.

Recommendations for Reform

To ensure full compliance with international standards, the Special Rapporteur recommended that Lebanese authorities:

• Develop an alternative sentencing framework that preserves judicial discretion and allows courts to determine proportionate penalties on a case-by-case basis.

• Establish a transparent and accessible mechanism to review existing death sentences, ensuring that resentencing procedures respect due process and fair-trial guarantees.

• Ensure that the legal framework allows, where necessary, for reopening proceedings or retrials to guarantee that substitute sentences are lawful and proportionate.

• Maintain the current moratorium on executions pending the adoption and implementation of the reform.

• Consider acceding to the Second Optional Protocol to the ICCPR, which aims at the complete abolition of the death penalty.

Call for Legislative Progress

The Special Rapporteur encouraged the Lebanese Parliament to give favourable consideration to the draft law and adopt it without undue delay. He also offered the support of his mandate in providing technical advice and assistance to help Lebanon implement the reform in line with international human rights standards.

The communication further requests clarification from the Lebanese authorities regarding the status of the draft legislation, the number of individuals currently on death row, and the measures envisaged to review existing sentences and ensure that no executions occur while the reform process is underway.

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