Case 4: ius cogens

Until 2005, the USA was one of the few countries in the world where criminals who were
younger than 18 at the time they committed the crime may be sentenced to death (‘juvenile
death penalty’). Since the mid-1980s, the only countries other than the USA known to have
executed juveniles for their crimes are Bangladesh, Iran, Iraq, Nigeria, Pakistan, Saudi
Arabia, and Yemen. The last juvenile execution known to have taken place outside the USA
occurred several years ago when Yemen executed Nasser Munir Nasser al'Kirbi on 13 July,
1993. Since that time, the USA was the only country in the world to continue the practice of
juvenile capital punishment and has executed 11 juvenile offenders. In 2005, the UN Supreme
Court prohibited the practice as unconstitutional.

Execution of individuals for crimes committed before the age of 18 years is prohibited by
several international treaties (neither of which the USA has ratified) as well as international
conventions drafted for other regions of the world. Article 4(2) of the ICCPR – which the
USA has ratified – prohibits derogations from the ban on juvenile death penalty provided for
under Article 6(5) of the Covenant; the USA made a reservation in this regard. Equally, the
UN Convention on the Rights of the Child bans juvenile death penalty and prohibits any
reservation incompatible with the purposes of the Convention (same reservation practice of
the USA).

During many past debates at the UN General Assembly, the USA faced severe criticism:
Several delegations argued that, by maintaining juvenile death penalty, the USA violates not
only customary international law but also a norm of ius cogens character. The US delegation
objected each and every time.

How would you appraise the statements made by the GA delegations?