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Not a deterrent against crime

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Death penalty again in focus (Part II)

BY Dr Jayampathy Wickramaratne
President’s Counsel

Worldwide, there is a clear trend towards abolishing the death penalty. According to Amnesty International, while more than 106 countries had abolished the death penalty by July 2018, 8 have abolished it for ordinary crimes, and 28 have not implemented it for at least ten years. Fifty-five countries have retained capital punishment. By the end of 2021, 108 countries, a majority of all countries, had abolished the death penalty in law for all crimes, while 144, more than two-thirds of all countries, had abolished it in law or practice.

The committee appointed by the Inter-Ministerial Committee on Human Rights to draft a new fundamental rights chapter for the Constitution that accords with Sri Lanka’s international obligations recommended the abolition of the death penalty in its report submitted in November 2009.

The committee stated that it was not unmindful of public concerns that the crime rate in Sri Lanka is on the increase and that some persons convicted of grave crimes and sentenced to life imprisonment or long terms come out of prison quite early. The solution to this is judicial control of parole. It recommended that in respect of those who are sentenced to long periods of imprisonment, legal provision should be made for the sentencing judge to make an order that the offender’s term of imprisonment should not be reduced unless authorised by the court in the circumstances and manner and to the extent provided by law.

The committee noted that no person had been executed in Sri Lanka since 1975 and that in both 2007 and 2008, Sri Lanka voted at the United Nations in favour of resolutions calling for a moratorium on executions as a step towards the ultimate abolition of the death penalty. The 2007 resolution referred to, which was affirmed in 2008, declared ‘[t]hat the use of the death penalty undermines human dignity, and convinced that a moratorium on the use of the death penalty contributes to the enhancement and progressive development of human rights, that there is no conclusive evidence of the deterrent value of the death penalty and that any miscarriage or failure of justice in the implementation of the death penalty is irreversible and irreparable.’

Sri Lanka voted again in 2010 in favour of a moratorium on the death penalty but abstained in 2012 and 2014 during the second term of President Mahinda Rajapaksa. Sri Lanka again voted in favour in 2016 and 2018. The ‘yes’ vote has been increasing consistently. In 2018, 121 out of the 193 member states voted ‘yes’, 35 opposing, and 32 abstaining. The 2020 vote was 123 in favour, 38 votes against, 24 countries abstaining and eight absent. On 15 December 2022, the General Assembly adopted the ninth resolution for a moratorium with 125 votes in favour (2 more than in 2020), 37 votes against, 22 abstentions and nine absent. Sri Lanka voted in favour both in 2020 and 2022.

Is the death penalty a deterrent?

One of the most common arguments in favour of the death penalty is that it is a deterrent against serious crime. If that is the case, serious crime figures in jurisdictions with the death penalty should be lower than in those that do not have the death penalty.

Not all states in the United States have the death penalty. Murder rates in death penalty states and non-death penalty states show unmistakably that the death penalty is not a deterrent at all. The following table giving murder rates has been prepared based on the FBI’s Uniform Crime Reports and published on the website of the Death Penalty Information Centre (https://deathpenaltyinfo.org). Murder rates have been calculated by dividing the number of murders by the total population in the death penalty and non-death penalty states, respectively and multiplying that by 100,000. (See Table)

A poll of 500 Police chiefs in the United States was conducted in 2008 by R.T. Strategies of Washington, DC. When asked to name one area as ‘most important for reducing violent crime’, Police chiefs ranked the death penalty last. They considered issues such as increasing the number of police officers, reducing drug abuse, and creating a better economy as higher priorities.

Michael L. Radelet, Chair Professor of Sociology at the University of Colorado-Boulder, in his 2009 article ‘Do Executions Lower Homicide Rates?: The Views of Leading Criminologists’ published in the Journal of Criminal Law and Criminology, stated:

‘Our survey indicates that the vast majority of the world’s top criminologists believe that the empirical research has revealed the deterrence hypothesis for a myth. … 88.2% of polled criminologists do not believe that the death penalty is a deterrent. … 9.2% answered that the statement ‘[t]he death penalty significantly reduces the number of homicides’ was accurate. … Overall, it is clear that however measured, fewer than 10% of the polled experts believe the deterrence effect of the death penalty is stronger than that of long-term imprisonment. … Recent econometric studies, which posit that the death penalty has a marginal deterrent effect beyond that of long-term imprisonment, are so limited or flawed that they have failed to undermine consensus. In short, the consensus among criminologists is that the death penalty does not add any significant deterrent effect above that of long-term imprisonment.’

Justice Thurgood Marshall, in his concurrent opinion in the landmark US case of Furman v. Georgia, stated: ‘It is generally agreed between the retentionists and abolitionists, whatever their opinions about the validity of comparative studies of deterrence, that the data which now exist show no correlation between the existence of capital punishment and lower rates of capital crime. Despite the fact that abolitionists have not proved non-deterrence beyond a reasonable doubt, they have succeeded in showing by clear and convincing evidence that capital punishment is not necessary as a deterrent to crime in our society.

In light of the massive amount of evidence before us, I see no alternative but to conclude that capital punishment cannot be justified on the basis of its deterrent effect.’

Lee Sarokin, a former US Court of Appeals Judge, says in his 2011 article ‘Is It Time to Execute the Death Penalty?’ published on the Huffington Post website: ‘In my view, deterrence plays no part whatsoever. Persons contemplating murder do not sit around the kitchen table and say I won’t commit this murder if I face the death penalty, but I will do it if the penalty is life without parole. I do not believe persons contemplating or committing murder plan to get caught or weigh the consequences. Statistics demonstrate that states without the death penalty have consistently lower murder rates than states with it, but frankly, I think those statistics are immaterial and coincidental. Fear of the death penalty may cause a few to hesitate, but certainly not enough to keep it in force.’

It is clear from the above that the most effective deterrent against serious crime is an effective criminal justice system. A person who knows that the chances of a crime being properly investigated and successfully prosecuted, and the culprit given a proportionate punishment are high, s/he would hesitate to commit it.

The writer wishes to conclude this article with an anecdote. The issue of reinstating the death penalty came up for discussion in the second term of President Chandrika Bandaranaike Kumaratunga, with several Ministers also speaking in favour. Concerned by these reports, several persons suggested that I ‘counsel’ President Kumaratunga on the issue. I met the President, armed with facts and figures. I was barely into my second sentence when she cut me short, ending my shortest conversation with her on any subject, saying: ‘Anybody can suggest, but it is I who has to sign the warrant of execution. I will never do that.’ This was a person whose father and husband were both assassinated and whom herself had narrowly escaped assassination while losing one eye.



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Trump-Xi meet more about economics rather than politics

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President Donald Trump meets President Xi Jinping in Beijing: Mutually beneficial ties aimed at. (CNN)

The fact that some of the US’ topmost figures in business, such as Tesla chief Elon Musk and major US chipmaker Jensen Huang of NVIDIA fame, occupied as nearly a prominent a position as President Donald Trump at the recent ‘historic and landmark’ visit by the latter to China underscores the continuing vital importance of business in US-China ties. Business seemed to outweigh politics to a considerable degree in importance during the visit although the political dimension in US-China ties appeared to be more ‘headline grabbing’.

To be sure, the political dimension cannot be downplayed. For very good reason China could be seen as holding the power balance somewhat evenly between East and West. The international politics commentator couldn’t be seen as overstating the case if he takes the position that China could exercise substantial influence over the East currently; that is Russia and Iran, in the main. The latter powers hold the key in the Eastern hemisphere to shaping international politics in the direction of further war or of influencing it towards a measure of peace.

For example, time and again China has prevented the West from ‘having its own way’, so to speak, in the UN Security Council, for instance, in respect of the ongoing conflicts involving Russia and Iran, by way of abstaining from voting or by vetoing declarations that it sees as deleterious. That is, China has been what could be seen as a ‘moderating influence’ in international politics thus far. It has helped to keep the power balance somewhat intact between East and West.

At present a meet is ongoing between Chinese President Xi Jinping and Russian President Vladimir Putin in Beijing. This happened almost immediately after the Trump visit. Apparently, Beijing is in an effort to project itself as treating the US and Russia even-handedly while underscoring that it is no ‘special friend’ of the US or the West.

This effort at adopting a non-partisan stance on contentious questions in international politics is also seen in Beijing’s policy position on the Hormuz tangle and issues growing out of it. The Chinese authorities are quoted as saying in this regard, for instance, that China is for ‘a comprehensive and lasting ceasefire in the Middle East’.

Such a position has the effect of enhancing the perception that China is even-handed in its handling of divisive foreign policy posers. It is not openly anti-West nor is it weighing in with Iran and other Eastern actors that are opposed to the West in the West Asian theatre. A ‘comprehensive and lasting ceasefire’ implies that a solution needs to be arrived at that would be seen as fair by all quarters concerned.

On the highly sensitive Taiwan issue, President Xi was comparatively forthright during the Trump visit, but here too it was plain to see that Beijing was not intent on introducing a jarring, discordant note into the ongoing, largely cordial discussions with Washington. On the Taiwan question President Xi was quoted saying: ‘If mishandled, the two nations could collide even come into conflict.’ In other words, the US was cautioned that China’s interests need to be always borne in mind in its handling of the Taiwan issue.

The cautioning had the desired result because Trump in turn had reportedly conveyed to Taiwan that the latter’s concerns on the matter of independence had to be handled discreetly. He had told Taiwan plainly not to declare ‘independence.’

Accordingly, neither the US nor China had said or done anything that would have made either party lose face during their interaction. Apparently, both sides were sensitive to each others’ larger or national interests. And the economic interests of both powers were foremost among the latter considerations.

There is no glossing over or ignoring economic interests in the furtherance of ties between states. They are primal shaping forces of foreign policies and the fact that ‘economics drives politics’ is most apparent in US-China ties. That is, economic survival is fundamental.

Among the more memorable quotes from President Xi during the interaction, which also included US business leaders, was the following: ‘China’s doors will be open wider’ and US firms would have ‘broader prospects in the Chinese market.’

Xi went on to say that the sides had agreed to a ‘new positioning for ties’ based on ‘constructive strategic stability’. The implication here is that both sides would do well not to undermine existing, mutually beneficial economic relations in view of the wider national interests of both powers that are served by a continuation of these economic ties. That is, the way forward, in the words of the Chinese authorities, is ‘win-win cooperation.’

It is the above pronouncements by the Chinese authorities that probably led President Trump to gush that the talks were ‘very successful’ and of ‘historic and landmark’ importance. Such sentiments should only be expected of a billionaire US President, bent on economic empire-building.

One of the most important deals that were put through reportedly during the interaction was a Chinese agreement to buy some 200 Boeing jets and a ‘potential commitment to buy an additional 750 planes.’ However, details were not forthcoming on other business deals that may have been hatched.

Accordingly, from the viewpoint of the protagonists the talks went off well and the chances are that the sides would stand to gain substantially from unruffled future economic ties. However, there was no mention of whether the health of the world economy or the ongoing conflicts in West Asia were taken up for discussion.

Such neglect is regretful. Although the veritable economic power houses of the world, the US and China, are likely to thrive in the short and medium terms and their ruling strata could be expected to benefit enormously from these ongoing economic interactions the same could not be said of most of the rest of the world and its populations.

Needless to say, the ongoing oil and gas crisis, for instance, resulting from the conflict situation in West Asia, is taking a heavy toll on the majority of the world’s economies and the relevant publics. While no urgent intervention to ease the lot of the latter could be expected from the Trump administration there is much that China could do on this score.

China could use its good offices with the US to address the negative fallout on the poorer sections of the world from the present global economic crunch and urge the West to help in introducing systemic changes that could facilitate these positive outcomes. After all, China remains a socialist power.

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The Quiet Shift: China as America’s “+1” in a Changing World Order

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Xi and Trump

“Everything ever said to me by any Chinese of any station during any visit was part of an intricate design”

— Henry Kissinger

That design may already be complete before this week’s , a meeting that could shape the future balance of global power.

The wind arrives quietly. By the time it is heard, history has already begun to turn. Across Asia, that wind is no longer distant. It carries with it the exhaustion of an old order and the uncertain birth of another. The question now is not whether the world will change. It is whether those who hold power possess the wisdom to guide that change toward something less violent than the century behind us.

Since 1945, the United States has carried the burden of a global order built with its Western allies. To its credit, the world avoided another direct world war between great powers. The conflicts remained contained in distant lands—proxy wars fought in the shadows of ideology, oil, and influence. From Latin America to Asia, the American century expanded not only through prosperity, but through intervention. Yet empires, even democratic ones, grow tired. Fatigue settles slowly into institutions, alliances, and public memory. The role of global policeman no longer inspires certainty in Washington as it once did.

The “rules-based order” now confronts its own contradiction: it was built to be universal, yet it often appeared selective. During my recent visit to , a young researcher asked me quietly, “Does the West itself still believe in the rules-based order?” The question lingered long after the conversation ended. The rising century demands a more inclusive architecture—one that recognises the reality of Asian power, especially China.

My three years of field research across South and Southeast Asia, documented in , revealed a transformation too significant to dismiss as temporary. China has moved beyond being merely a competitor to the United States. In trade, infrastructure, technology, cultural diplomacy, and economic influence, Beijing has established itself as what may be called the world’s “US +1.”

Great powers often search for such a partner. History shows this tendency clearly. When an empire becomes overextended—burdened by wars, alliances, sanctions, tariffs, and crises—it seeks another center of gravity to stabilize the system it can no longer manage alone. The United States today faces disorder stretching from Venezuela to Iran, from Ukraine to the unsettled Middle East. In this landscape, China emerges not simply as a rival, but as a state powerful enough to broker peace where Washington alone no longer can.

Drawing from the lessons of the Nixon–Mao era, warned that “” The United States and China are now engaged in a long-term economic, technological, political, and strategic competition. Managing that competition wisely may become the defining challenge of this century. In such a deeply polarized and unstable world, recognising China as a “US +1” partner is not surrender, but strategic realism.

Donald Trump understood this reality before boarding his flight to meet Xi Jinping. Their meeting inside Zhongnanhai—the guarded compound where China’s leadership governs—was never merely ceremonial. It symbolized a deeper recognition already acknowledged quietly within the itself: China is the nearest peer competitor the United States has ever confronted. Before departing Washington, Trump seemed to reassess not only China’s strength, but its unavoidable position as a “” shaping the future global balance.

Yet the significance of a Trump–Xi meeting extends beyond trade wars, tariffs, or diplomatic spectacle. It presents an opportunity to confront two crises shaping the century ahead: global energy insecurity and regional instability. Washington increasingly understands the limits of direct engagement with Tehran. Decades of pressure, sanctions, and confrontation have produced exhaustion rather than resolution. In that vacuum, Beijing now possesses leverage that Washington does not.

For China, this is an opportunity to evolve from a development partner into a security actor. Xi Jinping’s (GSI) was never designed merely as rhetoric. It was intended as the next phase of Chinese influence—transforming economic dependence into strategic trust. The geopolitical spillover from the Iranian conflict now offers Beijing a historic opening to project itself as a stabilising force in the region, not against the United States, but alongside it as a “US +1” partner.

If China succeeds in helping stabilise the Gulf and secure energy corridors vital to Asia, it will reshape perceptions of Chinese power globally. Beijing would no longer be seen only as the builder of ports, railways, and industrial zones, but as a guarantor of regional balance. This transition—from infrastructure diplomacy to security diplomacy—may become one of the defining geopolitical shifts of the coming decade.

Xi Jinping does not seek open confrontation. His strategy is older, more patient, and perhaps more formidable because of its restraint. Beijing speaks not of domination, but of a “,” advanced through three instruments of influence: the Global Development Initiative (GDI), the Global Security Initiative (GSI), and the Global Civilization Initiative (GCI). These are not slogans alone. Across Asia, many governments increasingly trust China as a development partner more than any other power.

India, despite its ambitions, has not matched this scale of regional penetration. In both ASEAN and South Asia, China’s economic gravity is felt more deeply. Ports, railways, technology networks, and financial dependency have altered the geopolitical map quietly, without the spectacle of war.

In , I compared three inward-looking national strategies shaping Asia today: Trump’s MAGA, Modi’s emerging economic nationalism , and Xi’s strategy. Among them, China has demonstrated the greatest structural resilience. Faced with American tariffs and decoupling pressures, Beijing diversified its supply chains across Central Asia, Europe, and Southeast Asia. Rail corridors now connect Chinese industry to European markets through Eurasia. ASEAN has surpassed the United States as China’s largest trading partner, while the European Union follows closely behind. Exports to America have declined sharply, yet China continues to expand. Trump, once defined by confrontation, now arrives seeking a new “” with China—an acknowledgment that economic rivalry alone can no longer define the relationship between the world’s two largest powers.

Unlike Washington, which increasingly retreats from multilateral institutions, Beijing presents itself as the defender of multilateralism. Whether genuine or strategic matters less than perception. In geopolitics, perception often becomes reality.

What emerges, then, is not surrender between rivals, but interdependence between powers too large to isolate one another. The future may not belong to a bipolar Cold War, but to a reluctant coexistence. The United States now recognises that China possesses diversified markets and partnerships capable of reducing dependence on America. China, in turn, understands that its long march toward global primacy still requires strategic engagement with the United States.

This is where the true geopolitical shift begins.

Many analysts continue to frame China solely as a threat. Yet history rarely moves through absolutes. The next world order may not be built through confrontation alone, but through uneasy partnership. Artificial intelligence, technological supremacy, economic stability, and global governance now demand cooperation between Washington and Beijing, whether either side admits it publicly or not.

Trump will likely celebrate his personal relationship with Xi, presenting himself as the American leader capable of negotiating a “better deal” with China than his predecessors. But beneath the rhetoric lies something larger: the gradual acceptance of China’s indispensable role in shaping the future international order.

Even the question of war increasingly returns to Beijing. If Washington seeks an understanding with Tehran, China’s influence becomes unavoidable. Iran listens to Beijing in ways it no longer listens to the West. This alone signals how profoundly the balance of power has shifted. And Xi, careful as always, refuses to openly inherit the mantle of global leadership. He delays, softens, and obscures intention. It is part of a longer strategy: to rise without provoking the final resistance of a declining hegemon too early.

History rarely announces its turning point. Empires fade slowly, while new powers rise quietly beneath the noise of the old order. Washington still holds immense power, but Beijing increasingly holds the patience, reach, and strategic depth to shape what comes after.

The century ahead may not belong to one power alone, but to the uneasy balance between Washington and Beijing. And in that silence, a new world order is already taking shape.

By Asanga Abeyagoonasekera

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Egypt … here I come

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Chit-Chat Nethali Withanage

Three months ago, 19-year-old Nethali Withanage, with Brian Kerkoven as her mentor, walked the ramp at Colombo Fashion Week. On 06 June, she’ll walk for Sri Lanka in Hurghada, Egypt, as the country’s delegate to Top Model of the World 2026._

I caught up with Nethali as she prepares to fly out, this weekend, and here’s how our chit-chat went:

1. Tell me something about yourself?

I’m someone who blends creativity with ambition. I’ve always loved expressing myself, whether it’s through fashion, styling, or the way I present myself to the world. At the same time, I’m very driven and disciplined, especially when I was working, as a student counsellor, at Campus One, at a young age, where I’ve learned how to connect with people, understand them, and communicate with confidence. I believe I’m still evolving, and that’s what excites me the most … becoming better every single day.

2. What made you decide to be a model?

Modelling felt natural to me because it combines everything I love – fashion, confidence, and storytelling without words. I realised that modelling isn’t just about appearance, it’s about presence and how you carry your energy. I wanted to be part of an industry where I could express different sides of myself, while inspiring others to feel confident in their own skin.

3. What sets you apart from other models?

I would say my ability to connect. Whether it’s with the camera, a brand, or an audience, I bring authenticity. I also have a strong background in communication and sales, which gives me an edge in understanding how to represent a brand, not just wear it. I don’t want to just model clothes, I want to bring them to life.

4. What clothing do you prefer to model?

I enjoy modelling versatile styles, but I’m especially drawn to elegant and expressive fashion pieces that tells a story. I love looks that allow me to embody confidence and femininity, whether it’s a structured outfit or something soft and flowing.

5. What is the most important aspect of modelling?

Confidence combined with professionalism. Confidence allows you to own the moment, but professionalism ensures that you respect the work, the team, and the brand you represent. Both are equally important.

6. If you could change one thing about yourself, what would it be?

I would say I’m learning to trust myself more and not overthink. I’ve realised that growth comes from embracing who you are, not constantly trying to change it. So instead of changing something, I’m focused on becoming more confident in my own voice.

7. School?

I did my O/Ls at Seventh Day Adventist High School Kandana, and, while at school, I was actively involved in creative activities. I enjoyed participating in English Day events that allowed me to express myself and interact with others. Those experiences helped me build confidence, teamwork, and communication skills, which continue to shape who I am today.

8. Happiest moment?

One of my happiest moments is realising how far I’ve come from being unsure of myself to stepping into opportunities, like modelling, and representing myself with confidence. That feeling of growth is something I truly value, and also a dream come true!

9. Your idea of perfect happiness?

Perfect happiness for me is peace of mind, being surrounded by people I love, doing what I’m passionate about, and feeling proud of who I am becoming.

10. Your ideal guy?

My ideal partner is someone who is respectful, supportive, and confident in himself. Someone who values growth, understands my ambitions, and encourages me to be the best version of myself.

11. Which living person do you most admire?

I admire strong, self-made individuals who have built their identity through hard work and resilience. People who stay true to themselves, despite challenges, inspire me, because they show that success is not just about talent, but also about strength and consistency.

12. Your most treasured possession?

My most treasured possession is my confidence. It’s something I’ve built over time, and it allows me to face challenges, take opportunities, and believe in myself, even when things are uncertain.

13. If you were marooned on a desert island, who would you like as your companion?

I would choose someone who is calm, positive, and resourceful, someone who can turn a difficult situation into an adventure. The right mindset matters more than anything.

14. Your most embarrassing moment?

I’m 19 and still haven’t faced any most embarrassing moment. But I would say I’ve had small moments where things didn’t go as planned, but I’ve learned to laugh at myself. Those moments remind me that perfection isn’t necessary; confidence is about how you recover, not how you avoid mistakes.

15. Done anything daring?

Pursuing modelling and stepping into competitions is something I consider daring. It pushed me out of my comfort zone and challenged me to grow, both personally and professionally.

16. Your ideal vacation?

My ideal vacation would be somewhere peaceful, yet beautiful, like a beach destination where I can relax, reflect, and reconnect with myself, while enjoying nature.

17. What kind of music are you into?

I choose music that matches my mood at that time, whether it’s calm and relaxing or energetic and uplifting. Music is something that helps me express emotions and stay inspired.

18. Favourite radio station?

Usually I don’t listen to radio stations but whenever I get into a car I would search for Yes FM because it has a refined balance of contemporary hits and timeless music. I appreciate how it maintains a vibrant yet sophisticated energy, keeping listeners engaged while creating a consistently uplifting atmosphere. It’s something I enjoy because it adds a sense of positivity and elegance to my day.

19. Favourite TV station?

At the moment, I don’t have a television at home, but growing up, my favourite TV station was ‘Nickelodeon’. I genuinely loved the shows and series it aired; they were fun, creative, and full of personality. It was something I always looked forward to, and those memories still bring a sense of joy and nostalgia, whenever I think about it.

20. Any major plans for the future?

My future plans are to grow in the modelling industry, work with international brands, build a strong personal brand and finish completing a Bachelor’s Degree in Business Studies. At the same time, I want to explore my creative side further, especially in fashion and business, so I can create something of my own one day.

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