*M1r'i 22.The African charter is not the only instrument against the capital punishment which, without mentioning the abolition of the death penalty, does not mention this suppression, but proclaims the right to life as to be protected. The Universal Declaration of Human Rights (10 December 1948) has the same approach.2l These instruments belong to the time of the cold war dissensions. This explains the advent of the second Protocol, which is devoted specifically to the abolition of the death penalty. As with the 1(x8 Declaration, for the African charter, the option that prevailed was "compromise". The reference to the right to life, in absolute terms, without reference to the abolition of the death penalty.22 This last idea was nevertheless present. 23.Nigeria, which in its periodic reportto theAfrican commission of 19g3 called for the abolition of the death penalty for drug trafficking, the illegal agreements concerning petroleum products, said that the phenomenon of "death row" was incompatible with the African charter.23 Finally, it should be noted that the African charter on the Rights of the child, which has been extensively ratified, requires that the death penalty not be imposed for crimes committed by minors under the age of 1824 and that it cannot be executed on pregnant women, or mothers of babies or young children. 24. Despite advances in international criminal law; the judgment on Rajabu and others seems to retrogress. lt pays litfle attention to the praetorian powers of the Human Rights judge to advance the protection of the right to life. There is an interpretive function of the rule of law to be implemented in order to complete and clarify the protection of the right to life that Article 4 of the African Charter 2r The Declaration does not mention the death penalty. Article 3 states that "Everyone has the right to life, liberty and security ofperson". It is in the context ofthe right to tife tha,t the question of capital punishmenl was debated during the preparatory work ofthe Declaration. 22 Dieng (A.), Le droit i la vie dans ta Charte africaine des Droits de I'Homme et des peuples, proceedings of the s-ymposium on the right to life, Montant (F.), premont (D.), CIO, Ceneva, 1992, pp. 23 OUA, Doc. CAB/LEG/24.9/49 (Igg0), arricte 46. 2a Article 5: "Death sentence shall not be pronounced for crimes committed by children',. Arlicle 30(e) states that "ensure that a death sentence shall not be imposed on such mothers" (charter of I July 1990). 10