Lebanon Abolishes Death Penalty, Became First Arab Nation To End This

Lebanon Abolishes Death Penalty, Became First Arab Nation To End This

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Recently, Lebanon’s Parliament abolished the death penalty and replaced existing death sentences with life imprisonment, becoming the first Arab nation to formally end capital punishment.

Death Penalty in Lebanon: Historical Context and Landmark Abolition Decision 

• Meaning & Code: The death penalty (capital punishment) is a state-authorised punishment in which a person convicted of a legally defined serious offence is executed.
  • Lebanon retained the death penalty in its criminal-law framework: Lebanon 1943 Penal Code, Code of Military Justice and special legislation.
  • It covers serious offences including aggravated murder, treason, terrorism and certain military offences.
  • Its rationale was essentially retributive punishment, protection of society and punishment of offences threatening to State security.
  • Article 37 of 1943 Penal Code classified death as one of the ordinary criminal penalties, while Article 549 provided death for aggravated intentional killing.
    • To execute a prisoner, a death warrant required the concurrent signatures of three figures: the Minister of Justice, the Prime Minister, and the President.
• Historical Context: 
  • In 1959, amid the security problems following the 1958 crisis, Lebanon temporarily made intentional killing subject to death punishment. 
  • A major escalation came through Law No. 302/1994, enacted after Lebanon’s 1975–1990 civil war. It made the death penalty mandatory for intentional homicide in specified circumstances and restricted judicial discretion.
    • Amnesty International recorded six executions after the 1994 expansion by the end of 1996. 
    • In May 1998, Hasan Nada Abu-Jabal and Wisam Nayif Issa, convicted of double murder, were punished.
  • In 2001, Lebanon reversed parts of the mandatory-death-penalty approach. Yet capital punishment remained legal.
    • Under Articles 547–548 could receive temporary or life imprisonment rather than automatically attracting death. 
    • However, capital punishment remained available for aggravated forms of murder under Article 549 and for several other offences.
  • Lebanon’s last known executions occurred on 17 January 2004 at Roumieh Prison.
    • Ahmad Ali Mansour, Badea Waleed Hamada and Remi Antoan Zaatar were executed. 
  • Since then, Lebanon has carried out zero executions, creating a de facto—not initially statutory—moratorium lasting more than 22 years.
• Penalty Status: According to Lebanon’s Directorate of Prisons, 85 people remained on death row at the end of January 2026.
  • The UN Special Rapporteur reported in 2026 that 19 death-eligible offences existed in the Penal Code, while more than 41 legislative provisions across.
• Path To Abolition: 
  • Lebanon is a signatory to the International Covenant on Civil and Political Rights (ICCPR). Lebanon declares adherence to UN covenants and the Universal Declaration of Human Rights.
    • Its continuous use of death sentences drew steady legal criticism for contradicting global human rights standards.
  • Lebanon increasingly aligned itself with the international movement toward abolition. It voted in favour of UN General Assembly resolutions calling for a moratorium on executions in 2020, 2022 and 2024.
    • Nevertheless, it had not ratified the Second Optional Protocol to the ICCPR, the international treaty specifically aimed at abolition of the death penalty.
  • On 7 October 2025, seven MPs submitted a bill prepared with the National Campaign to Abolish the Death Penalty in Lebanon. The proposal sought to abolish capital punishment and replace it with life imprisonment. 
  • The Council of Ministers considered the proposal on 20 November 2025 and gave it a favourable advisory opinion. Importantly, the government identified the need to repeal Article 43 of the Penal Code, which dealt with execution procedures.
  • Lebanon’s Parliamentary Human Rights Committee approved the abolition proposal on 23 February 2026, with Justice Minister Adel Nassar attending the session. The proposal envisaged replacing capital punishment with life imprisonment. 
  • The Administration and Justice Committee subsequently approved an amended version on 2 June 2026. On 9 July 2026, the Administration and Justice, Information and Communications, and Human Rights Committees met jointly and approved the abolition proposal. 
  • On 11 August 2026, Lebanon’s 128-member Chamber of Deputies finally approved abolition. The reform replaces existing death sentences with life imprisonment with aggravated hard labour and removes capital punishment from Lebanese law.
    • By doing so, Lebanon became the first Arab country to abolish the death penalty for all crimes. 
    • It is also reported as the first country in the Middle East to formally abolish it.
    • The reform strengthens protection of the right to life and reduces the risk of irreversible punishment.

Death Penalty in India

• Criminal Law: The death penalty in India functions under the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • Capital punishment applies to around 14 to 15 grave categories including murder, terrorism, and aggravated sexual offenses.
  • Bharatiya Nyaya Sanhita (BNS), 2023, replaced the Indian Penal Code (IPC) and codified capital offences.
    • Capital offences are defined in its Section 103(1) (Murder), Section 103(2) (Mob Lynching on grounds of race, caste, or community), Section 65 / 70 (Aggravated sexual offences against minors), and Section 113 (Terrorist acts).
  • Outside the BNS, capital offences are defined in the UAPA (terrorism) and the NDPS Act (repeat large-scale drug trafficking).
  • Bharatiya Nagarik Suraksha Sanhita (BNSS) 2024, replaced the Code of Criminal Procedure (CrPC) and outlines trial and execution mandates.
    • Its Section 251(3) / 258 mandates a distinct, separate sentencing hearing after conviction to record special reasons for awarding death.
    • Section 415 dictates that a Sessions Court sentence cannot be executed until it is formally confirmed by a bench of at least two High Court judges.
  • Absolute legal bars prohibit capital punishment for juveniles (below 18 years), pregnant women, and individuals with acute mental illness.
• Constitutional Rights:
  • Article 134 guarantees an automatic right of appeal to the Supreme Court in any case where a High Court has reversed an acquittal and sentenced a person to death.
    • Section 473 of BNSS outlines strict structural timelines for filing mercy petitions, requiring them to be moved within 30 days of a Supreme Court appeal, dismissal or rejection of a review petition.
  • A mercy petition can be filed. It is a final legal request for clemency made to the President (under Article 72) or a Governor (under Article 161) to reduce or set aside a sentence.
    • The President and Governors must exercise this power on the aid and advice of their respective Councils of Ministers.
    • The executive’s pardoning power is subject to limited judicial review to prevent arbitrary or malafide decisions.
  • The Constitution of India outlines specific executive powers regarding sentences:
    • Pardon completely removes both the conviction and the sentence.
    • Commutation changes a heavy punishment to a lighter form (e.g., death sentence to life term).
    • Remission shortens the time of the sentence without changing its kind.
    • Respite awards a lesser sentence due to special facts, such as physical disability or pregnancy.
    • Reprieve delays the execution of a sentence for a short time.
• Supreme Court Judgements:
  • In Bachan Singh v. State of Punjab (1980), the Supreme Court upheld constitutional validity but established the “rarest of rare” doctrine.
    • Death should follow only where life imprisonment is unquestionably inadequate; courts must balance aggravating and mitigating circumstances. 
  • Machhi Singh (1983) further structured the doctrine around factors such as manner of murder, motive, magnitude and victim vulnerability.
    • Importantly, heinousness alone is insufficient; courts must examine the offender’s possibility of reformation and rehabilitation. 
• Current Data:
  • India remains a retentionist country. The Square Circle Clinic recorded 128 death sentences in 2025—118 men and 10 women.
    • By end-2025, approximately 574 prisoners were on death row, according to its annual data. 
  • Between 2015–2025, trial courts awarded 1,310 death sentences, but High Courts confirmed only 106, highlighting substantial appellate scrutiny.
    • In 2025, the Supreme Court confirmed no death sentence for the third consecutive year. 
  • India’s active death row population scaled to 574 prisoners by early 2026, marking a ten-year numerical peak.

Frequently Asked Questions (FAQs):

1. Why has Lebanon abolished the death penalty?
To strengthen human-rights protections, especially the right to life, and replace its longstanding execution moratorium with permanent legal abolition.

2. When did Lebanon formally abolish capital punishment?
Lebanon’s Parliament approved abolition on 11 August 2026, ending capital punishment after a 22-year execution moratorium. 

3. Which law abolished the death penalty in Lebanon?
Parliament approved a new abolition law removing capital punishment from Lebanese legislation; official reporting has not provided a specific law number. 

4. What punishment will replace the death penalty in Lebanon?
Existing death sentences will be replaced with life imprisonment with aggravated hard labour.

5. Is Lebanon the first country in the Middle East to abolish the death penalty?
Yes. Lebanon is the first Middle Eastern country to abolish capital punishment and the first Arab country to do so. 

Disclaimer: Information in this article is based on official announcements and public records. Regulations and implementation details may evolve over time.