In high-pro­file cas­es in Sudan and Saudi Arabia, human rights advo­cates are protest­ing the threat­ened use of the death penal­ty against women for resist­ing oppres­sion. In the Sudan, pros­e­cu­tors are seek­ing to rein­state the death sen­tence against Noura Hussein (pic­tured), a teen girl forced into mar­riage who killed her abu­sive hus­band as he tried to rape her. The Saudi Arabian gov­ern­ment is seek­ing the death penal­ty against Israa al-Ghomgham, an activist who has sought equal rights for Shiite Muslims. The two cas­es illus­trate a world­wide pat­tern in the use of cap­i­tal pun­ish­ment against women who defy cul­tur­al gen­der norms. Hussein, now 19 years old, was forced into mar­riage at age 16. She fled the mar­riage, but was tricked into return­ing by her own fam­i­ly. When she refused to have sex with her hus­band, he enlist­ed sev­er­al cousins to hold her down while he raped her. When he attempt­ed to rape her again the next day, she stabbed him to death. Hussein’s fam­i­ly turned her in to the author­i­ties, and she was tried and sen­tenced to death in May 2018. After an inter­na­tion­al cam­paign on her behalf, a Sudanese court reduced Hussein’s con­vic­tion to manslaugh­ter, sen­tenced her to five years impris­on­ment, and fined her. State pros­e­cu­tors are appeal­ing the deci­sion and seek to have her death sen­tence rein­stat­ed. Yasmeen Hassan of the human rights group Equality Now called the Sudan an extreme­ly patri­ar­chal place [where] gen­der norms are very strong­ly enforced.” She said Sudan per­mits arranged mar­riages for girls as young as age 10, there’s legal guardian­ship of men over women, women are told you have to walk a straight and nar­row line and don’t trans­gress.” Amnesty International spokesper­son Seif Magango called the use of the death penal­ty against Hussein an intol­er­a­ble act of cru­el­ty.” Condemning a girl for killing her rapist hus­band in self-defence,” she said, demon­strates the fail­ure of the author­i­ties to tack­le child mar­riage, forced mar­riage and mar­i­tal rape.” Hussein’s fam­i­ly has fled their home, fear­ing reprisal from the vic­tim’s fam­i­ly. The vic­tim’s father told a Sudanese news­pa­per that, even if Hussein is exe­cut­ed, they will still seek revenge, because she killed a man, and women are not equal to men. Saudi Arabia, known for its oppres­sion of women, has recent­ly begun a crack­down on wom­en’s right’s activists. While the Kingdom has often used the death penal­ty against polit­i­cal dis­si­dents, try­ing them in ter­ror­ism courts noto­ri­ous for the denial of due process, Human Rights Watch reports that al-Ghomgham is the first female activist to face exe­cu­tion for her human rights-relat­ed work. Any exe­cu­tion is appalling,” said Sarah Leah Whitson, Middle East direc­tor at Human Rights Watch, but seek­ing the death penal­ty for activists like Israa al-Ghomgham, who are not even accused of vio­lent behav­ior, is mon­strous.” The orga­ni­za­tion warned that the action sets a dan­ger­ous prece­dent for oth­er women activists cur­rent­ly behind bars.”

The pat­tern of exe­cut­ing women who break gen­der expec­ta­tions has been iden­ti­fied and exam­ined by death-penal­ty researchers. Dr. Mary Atwell, author of three books on cap­i­tal pun­ish­ment, explained: “[F]or the state to put some­body to death in our name, we have to see them as oth­er’ in some way … and I think that’s even more true with a woman. You have to see her as not just doing things that are vio­lent and cru­el, but as par­tic­u­lar­ly out­side the expec­ta­tions of what a woman should do.” That is why, she says, in cas­es in the U.S. in which women are sen­tenced to death and exe­cut­ed, pros­e­cu­tors and the press played up to a great extent” that these were women who stepped out­side the norms of gendered expectations.”

(David D. Kirkpatrick, Saudi Arabia Seeks the Death Penalty for Female Activist, The New York Times, August 22, 2018; Saudi Prosecution Seeks Death Penalty for Female Activist, Human Rights Watch, August 21, 2018; Zeinab Mohammed Salih, Sudan teen who killed rapist hus­band faces new calls for death penal­ty, The Guardian, August 24, 2018; Noura Hussein: Sentenced to death in Sudan for killing rapist hus­band’, BBC News, May 10, 2018.) See International and Women. Listen to the Discussions With DPIC pod­cast, Women and the Death Penalty, with Dr. Mary Atwell.

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