Anti-death penalty advocates have sent letters to the United Nations and the International Criminal Court calling for an investigation into Alabama’s execution of Kenneth Smith by nitrogen gas asphyxiation. They claim that this method of execution was an act of torture and a violation of international human rights laws. Smith, who was pronounced dead on January 25, appeared to shake and writhe during the execution, leading witnesses to call for accountability for the state officials and execution staff involved.
Alabama Governor Kay Ivey signed a law in 2018 authorizing nitrogen executions due to a shortage of lethal injection drugs and legal challenges to the constitutionality of lethal injection. While lethal injection remained the primary method of execution, nitrogen gas was allowed as an alternative. Smith, who had previously survived a botched execution attempt by lethal injection, was ultimately selected to be the first person executed with nitrogen gas. The U.N. has called for responses on the death penalty to use in a report at the next U.N. General Assembly, prompting advocates like Jeff Hood and Project Hope to Abolish the Death Penalty to submit letters and seek a probe at the International Criminal Court.
Smith, who was initially sentenced to life without parole in 1996, had his sentence overturned by a judge and was ultimately sentenced to death. His harrowing experience during the botched lethal injection attempt, where he was left traumatized and in severe pain, highlights the flaws and cruelty of the capital punishment system. Despite the White House expressing concerns over Smith’s execution by nitrogen gas, advocate Jeff Hood believes that accountability for his death is unlikely to come from government investigations, but rather from international efforts to condemn and punish such acts.
Hood and other advocates see the letters to the U.N. and International Criminal Court as a form of documentation and a call to action for the international community to lead the charge against capital punishment. They believe that the execution of unarmed individuals, particularly through methods like gassing, is a violation of human rights and an injustice that must be addressed. While the U.S. government has expressed opposition to the death penalty, advocates like Hood are pushing for international scrutiny and condemnation of the actions that led to Smith’s tragic death.
The case of Kenneth Smith and his execution by nitrogen gas has drawn attention to the flaws and inhumanity of the death penalty system in Alabama and across the United States. Advocates are calling for accountability for the state officials and execution staff involved in the process, as well as for a broader international investigation into the death penalty practices in the U.S. While the U.N. and International Criminal Court have been alerted to the situation, it remains to be seen whether any concrete action will be taken to address the concerns raised by those who witnessed Smith’s agonizing death.
