Bioethics and the Death Penalty: The Transition from Retributive Criminology to Critical Criminology in Light of Expanding International Prohibitions

Abstract

The death penalty, as one of the oldest forms of response to crime, has consistently been at the center of legal, ethical, and criminological debates. In recent decades, significant developments in the field of international human rights law, along with the emergence of strong bioethical norms centered on the inherent dignity of human beings and the right to life, have raised fundamental questions regarding the legitimacy of this punishment. At the same time, within the field of criminology, the shift from classical retributive approaches to critical paradigms has transformed the perception of capital punishment from a “necessity of justice” into an “instrument of social control.” The purpose of this article is to examine this complex intersection and to address the fundamental question of whether, in light of evolving international normative frameworks and critical criminological perspectives, the death penalty retains ethical legitimacy and practical effectiveness. This study employs a descriptive-analytical method, relying on documentary and library-based analysis. The theoretical framework of the article integrates principles of bioethics with critical criminological theories. The required data were collected through an examination of international instruments—such as the International Covenant on Civil and Political Rights, its Optional Protocols, the Convention against Torture, and resolutions of the United Nations General Assembly—as well as through authoritative criminological studies on deterrence, the social effects of punishment, and theories of social control. The method of analysis is qualitative and is based on logical reasoning and the internal coherence of arguments and documents. The findings indicate that the death penalty in the contemporary world has lost both its legitimacy and effectiveness. This punishment is not only incompatible with modern human rights standards and bioethical principles, but also lacks rational and social justification from the perspective of critical criminology. The future of crime management lies in the adoption of alternative models grounded in restorative justice, rehabilitation, and the strengthening of social prevention mechanisms. Ultimately, this article emphasizes the necessity of revising domestic laws (with particular reference to the Iranian context) and aligning with the global trend toward the abolition of the death penalty as an ethical imperative and a requirement of good governance.