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Justice or Diplomacy? Taiwan’s Death Penalty Dilemma and Its Global Fallout

Justice or Diplomacy? Taiwan’s Death Penalty Dilemma and Its Global Fallout

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Justice or Diplomacy? Taiwan’s Death Penalty Dilemma and Its Global Fallout

January 16, 2025 marked a significant shift in Taiwan’s stance on capital punishment. On that day, Taiwan resumed capital punishment after a five-year moratorium, executing Huang Lin-kai (黃麟凱)—an inmate who had been sentenced to death for the rape and murder of his ex-girlfriend, and the murder of her mother, in New Taipei City in October 2013. Following the exhaustion of legal appeals, his execution by gunshot was approved by the Ministry of Justice.

The execution prompted immediate condemnation from several countries, notably the European Union, Australia, and Canada, all of which are staunchly opposed to the death penalty. The European Union issued a formal condemnation, calling for a global moratorium on executions and eventually the abolition of the death penalty. Australia urged Taiwan to halt executions and adhere to international human rights standards, while Canada echoed similar sentiments, pushing Taiwan to reconsider its position.

These countries, committed to human rights, argue that capital punishment violates human dignity, carries the risk of wrongful executions, and has no proven deterrent effect. While they criticize Taiwan’s decision, they must also navigate Taiwan’s complex diplomatic position—particularly in the context of its limited formal international recognition due to China’s opposition. Thus, while promoting human rights, they balance this with Taiwan’s strategic importance, especially in terms of security and economic relations.

Domestic Justifications for Resuming Capital Punishment

Taiwan’s resumption of capital punishment was largely influenced by public demand for justice, particularly in high-profile criminal cases. Surveys consistently show strong domestic support for the death penalty, particularly for crimes involving extreme violence. A May 2024 poll revealed that 80 percent of respondents favored capital punishment for serious offenses, and over 80 percent opposed its abolition.

This public sentiment played a key role in the government’s decision, as it sought to demonstrate a firm commitment to justice and to maintain public confidence in the legal system. Despite a de facto moratorium on executions in recent years, Taiwan’s legal framework still permits capital punishment for severe crimes. Huang’s execution followed Taiwan’s established legal process, reinforcing the government’s stance on law and order.

Taiwan’s Soft Power Strategy

Taiwan has crafted a strategic soft power approach, positioning itself as a democratic, high-tech, and humanitarian-focused nation. Despite limited formal international recognition due to China’s opposition, Taiwan has leveraged soft power to enhance its global influence and counter diplomatic isolation.

Taiwan promotes itself as a model democracy in the Indo-Pacific, contrasting its commitment to civil liberties and human rights with China’s authoritarianism. It uses cultural initiatives—such as traditional Chinese art, Taiwanese pop culture, and food—to build international goodwill, especially in regions where its culture is less known. A global leader in technology, Taiwan excels in semiconductor manufacturing, with Taiwan Semiconductor Manufacturing Company (TSMC, 台灣積體電路製造股份有限公司) playing a central role in the global supply chain. Taiwan’s technological expertise and innovation boost its economic influence, strengthening ties with the US, Japan, and Europe.

Taiwan has effectively leveraged its humanitarian aid and disaster relief efforts as a key element of its soft power, despite limited resources. By supporting countries like Japan, Nepal, the Philippines, and Syria, Taiwan has enhanced its international reputation, particularly in Southeast Asia, where it faces diplomatic challenges. This goodwill has facilitated humanitarian diplomacy and cultural exchanges. During the COVID-19 pandemic, Taiwan was praised for its swift response and provided essential medical supplies to various nations, further solidifying its image as a responsible global player. Through these initiatives, Taiwan has reinforced its soft power and commitment to public health and humanitarian values.

Demonstrators opposing the execution of Huang Lin-kai protest outside the Taipei Detention Center

Image: Demonstrators opposing the execution of Huang Lin-kai protest outside the Taipei Detention Center (January 16, 2025). (Image source: CNA)

The Impact on Taiwan’s International Relations and Soft Power Strategy

Taiwan’s decision to resume capital punishment with the execution of Huang Lin-kai in January 2025 is likely to have moderate diplomatic consequences, particularly with democratic allies who prioritize human rights. The European Union, Australia, and Canada have condemned the execution, calling for Taiwan to reconsider its stance. Despite this, Taiwan’s strategic importance in security and economics means that criticism is unlikely to lead to sanctions or major diplomatic fallout.

However, this move risks damaging Taiwan’s image as a democratic, rights-respecting society, undermining its credibility in human rights advocacy, especially with international organizations like the World Health Organization (WHO) and International Civil Aviation Organization (ICAO). Given its strategic role, Taiwan’s relationships with key partners such as the United States, Japan, and the European Union should remain stable in the short term, but the execution could weaken its soft power and moral authority.

In the Asia-Pacific, reactions will likely be muted—though countries like South Korea and Japan, which have moved away from the death penalty, may exert soft pressure. Over time, Taiwan may face challenges balancing domestic policies with international expectations. While security and economic ties should hold, Taiwan’s democratic image may suffer, requiring a renewed focus on human rights to maintain its global standing.

Policy Recommendations

To mitigate the potential damage to its international reputation while addressing domestic concerns, Taiwan should consider the following strategies:

  1. Initiate Public Debate: Taiwan should launch a nationwide dialogue on the death penalty, engaging civil society, academic experts, and international human rights organizations. Such a debate can help educate the public on alternatives to capital punishment and provide a platform for discussing long-term reforms. Transparency in these discussions would demonstrate Taiwan’s commitment to democratic processes and human rights.
  2. Enhance Judicial Transparency: Taiwan’s government must ensure that its judicial processes are transparent, fair, and adhere to the highest standards of justice. Establishing an independent commission to review death penalty cases can help prevent wrongful executions and reinforce public trust in the legal system. Such measures would address international concerns about human rights violations while maintaining domestic confidence.
  3. Explore Alternatives to Capital Punishment: Investing in restorative justice programs, rehabilitation initiatives, and life imprisonment without parole as viable alternatives can reduce the reliance on capital punishment. These measures would align Taiwan more closely with international human rights standards, while addressing public demands for justice and deterrence.
  4. Strengthen International Dialogue: Taiwan should proactively engage with international human rights organizations, such as Amnesty International and the United Nations Human Rights Council. By participating in global forums and sharing its progress toward reducing reliance on capital punishment, Taiwan can signal its commitment to aligning with democratic norms and human rights values.
  5. Leverage Diplomatic Channels: Taiwan’s diplomatic missions should emphasize its unique geopolitical position and its commitment to democratic principles. While acknowledging international concerns about the death penalty, Taiwan can highlight its progress in other human rights areas—such as gender equality, press freedom, and LGBTQ+ rights—to maintain its democratic image.
  6. Expand Soft Power Initiatives: Taiwan can mitigate the potential damage to its soft power by redoubling efforts in humanitarian aid, cultural diplomacy, and technological innovation. For instance, increasing Taiwan’s contributions to global disaster relief efforts and promoting its technological expertise in renewable energy can help offset criticism related to human rights.
  7. Establish a Timeline for Reforms: Setting a clear timeline for reevaluating the use of capital punishment could provide a roadmap for progress. This timeline could include steps such as a temporary suspension of executions, comprehensive reviews of sentencing policies, and incremental legal reforms. Such a timeline would demonstrate Taiwan’s commitment to aligning its policies with democratic values, while managing domestic expectations.

 

Conclusion

The reinstatement of capital punishment in Taiwan signifies a significant change in its legal and human rights framework, reflecting domestic support for the death penalty for serious crimes. However, this decision has drawn criticism from international allies advocating for human rights and abolition. As Taiwan seeks to enhance its global standing, it faces the challenge of reconciling domestic policies with its democratic ideals and foreign relations.

Taiwan faces increasing pressure from internal groups and global allies to reconsider the death penalty. As it seeks greater international recognition amid the challenge of Chinese pressure, Taiwan must balance its internal security needs with its commitment to human rights and democracy. This will be difficult as it navigates relationships with democratic partners opposed to capital punishment, and as it seeks to balance domestic demands for justice and deterrence.

The main point: Taiwan’s resumption of capital punishment has sparked significant international backlash, particularly from the European Union, Australia, and Canada, which oppose the death penalty on human rights grounds. While the execution reflects domestic support for capital punishment in severe cases, it threatens Taiwan’s international reputation as a proponent of democratic values and human rights. This decision may complicate diplomatic relations with democratic partners prioritizing human rights, although Taiwan’s strategic importance in security and technology may mitigate some effects. As Taiwan seeks greater global recognition, it will face pressure to reconsider its stance on capital punishment, while balancing domestic policies and international expectations.

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