+lEl': requirements of international human rightd lalru: The distinction between the two is decidedly inadequate. 10. This opinion emphasizes that what is condemned in the death penalty is found mutatis mutandis in the mandatory death penalty. The latter is of no significant contribution to the distinction that should be made with regard to the initial death sentence. The mandatory death penalty would be like a super death sentence that would apply against supreme crimes. However, a death sentence is by definition a death sentence. The basis of this mandatory death sentence and its proceduralelements are not sufficiently distinguishable, a single regime with the original death penalty was more appropriate. B) A single legal regime 11.1t begins with distinction: "1 is applicable the 1966 CovenantT..The Covenant does not make any . No person subject to the jurisdiction of a State Party to this Protocol shall be executed. 2. Each State Party shall take all appropriate measures to abolish the death penalty within its jurisdiction"(article 1)8. As much as "the death penalty is an abomination for all the condemned"e (the words of Victor Hugo), the rule of international law refuses to distinguish it in its form: the mandatory death penalty or not. This distinction, which is not a creation of African states, also exists in the United states. The US supreme court in restricting the use of the death penalty in the United States has reserved it for murders of crimes against individuals and excluding accomplices whose participation is only peripheral.l0 12.The analyses of the United Nations Human Rights Committee on the commonality of these death sentences show this. ln Eversley Thompson v- St. 7 The International Covenant on Civil and Political Rights (ICCPR) was adopted in New York on 16 December 1966 by the I-rNGA in resolution 2200 A QO(I). entered into force on 23 March 1976. 8 WGA Second Optional Protocol to the International Covenant on Civil and Political Rights Aiming al the Abolition of the Death Penairy, Resolution 44ll2E of 15 December 1989 e Hugo V, The last day of a condemned man (1829) roln effect in the United States, there is a similar system. See especially the Supreme Court, Erlich Anthony Coker v. State of Georgia, 28 March 1977; see also Supreme Cowl, Patrick O. Kennedy v. State of Louisian4 25 June 2008: The Supreme Court ofthe United States ruled that the death penalty was unconstitutional under the Eighth Amendment when applied to crimes against individuals that did not cause death. This case involved a girl ofless than l2 years old. 5