Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty
Adopted and proclaimed by General Assembly resolution 44/128 of 15 December 1989
Text of the Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty
The States Parties to the present Protocol,
Believing that abolition of the death penalty contributes to enhancement of human dignity and progressive development of human rights,
Recalling article 3 of the Universal Declaration of Human Rights, adopted on 10 December 1948, and article 6 of the International Covenant on Civil and Political Rights, adopted on 16 December 1966,
Noting that article 6 of the International Covenant on Civil and Political Rights refers to abolition of the death penalty in terms that strongly suggest that abolition is desirable,
Convinced that all measures of abolition of the death penalty should be considered as progress in the enjoyment of the right to life,
Desirous to undertake hereby an international commitment to abolish the death penalty,
Have agreed as follows:
- 1. No one within the jurisdiction of a State Party to the present Protocol shall be executed.
- 2. Each State Party shall take all necessary measures to abolish the death penalty within its jurisdiction.
- 1. No reservation is admissible to the present Protocol, except for a reservation made at the time of ratification or accession that provides for the application of the death penalty in time of war pursuant to a conviction for a most serious crime of a military nature committed during wartime.
- 2. The State Party making such a reservation shall at the time of ratification or accession communicate to the Secretary-General of the United Nations the relevant provisions of its national legislation applicable during wartime.
- 3. The State Party having made such a reservation shall notify the Secretary-General of the United Nations of any beginning or ending of a state of war applicable to its territory.
- The States Parties to the present Protocol shall include in the reports they submit to the Human Rights Committee, in accordance with article 40 of the Covenant, information on the measures that they have adopted to give effect to the present Protocol.
- With respect to the States Parties to the Covenant that have made a declaration under article 41, the competence of the Human Rights Committee to receive and consider communications when a State Party claims that another State Party is not fulfilling its obligations shall extend to the provisions of the present Protocol, unless the State Party concerned has made a statement to the contrary at the moment of ratification or accession.
- With respect to the States Parties to the first Optional Protocol to the International Covenant on Civil and Political Rights adopted on 16 December 1966, the competence of the Human Rights Committee to receive and consider communications from individuals subject to its jurisdiction shall extend to the provisions of the present Protocol, unless the State Party concerned has made a statement to the contrary at the moment of ratification or accession.
- 1. The provisions of the present Protocol shall apply as additional provisions to the Covenant.
- 2. Without prejudice to the possibility of a reservation under article 2 of the present Protocol, the right guaranteed in article 1, paragraph 1, of the present Protocol shall not be subject to any derogation under article 4 of the Covenant.
- 1. The present Protocol is open for signature by any State that has signed the Covenant.
- 2. The present Protocol is subject to ratification by any State that has ratified the Covenant or acceded to it. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
- 3. The present Protocol shall be open to accession by any State that has ratified the Covenant or acceded to it.
- 4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.
- 5. The Secretary-General of the United Nations shall inform all States that have signed the present Protocol or acceded to it of the deposit of each instrument of ratification or accession.
- 1. The present Protocol shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the tenth instrument of ratification or accession.
- 2. For each State ratifying the present Protocol or acceding to it after the deposit of the tenth instrument of ratification or accession, the present Protocol shall enter into force three months after the date of the deposit of its own instrument of ratification or accession.
- The provisions of the present Protocol shall extend to all parts of federal States without any limitations or exceptions.
The Secretary-General of the United Nations shall inform all States referred to in article 48, paragraph 1, of the Covenant of the following particulars:
- (a) Reservations, communications and notifications under article 2 of the present Protocol;
- (b) Statements made under articles 4 or 5 of the present Protocol;
- (c) Signatures, ratifications and accessions under article 7 of the present Protocol:
- (d) The date of the entry into force of the present Protocol under article 8 thereof.
- 1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.
- 2. The Secretary-General of the United Nations shall transmit certified copies of the present Protocol to all States referred to in article 48 of the Covenant.
Status of Signature, Ratification or Accession to the Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty
|Albania||-||17 October 2007|
|Andorra||5 August 2002||22 September 2006|
|Argentina||20 December 2006||2 September 2008|
|Australia||-||2 October 1990|
|Austria||8 April 1991||2 March 1993|
|Azerbaijan||-||22 January 1999|
|Belgium||12 July 1990||08 December 1998|
|Bosnia and Herzegovina||7 September 2000||16 March 2001|
|Brazil||-||25 September 2009|
|Bulgaria||11 March 1999||10 August 1999|
|Canada||-||25 November 2005|
|Cape Verde||-||19 May 2000|
|Chile||15 November 2001||26 September 2008|
|Colombia||-||5 August 1997|
|Costa Rica||14 February 1990||5 June 1998|
|Croatia||-||12 October 1995|
|Cyprus||-||10 September 1999|
|Czech Republic||-||15 June 2004|
|Denmark||13 February 1990||24 February 1994|
|Djibouti||-||5 November 2002|
|Ecuador||-||23 February 1993|
|Estonia||-||30 January 2004|
|Finland||13 February 1990||4 April 1991|
|France||-||2 October 2007|
|Georgia||-||22 March 1999|
|Germany||13 February 1990||18 August 1992|
|Greece||-||5 May 1997|
|Guinea Bissau||12 September 2000||-|
|Honduras||10 May 1990||1 April 2008|
|Hungary||-||24 February 1994|
|Iceland||30 January 1991||2 April 1991|
|Ireland||-||18 June 1993|
|Italy||3 February 1990||14 February 1995|
|Kyrgyzstan||-||6 December 2010|
|Lao People's Democratic Republic||7 December 2000||25 September 2009|
|Liberia||-||16 September 2005|
|Liechtenstien||-||10 December 1998|
|Lithuania||8 September 2000||27 March 2002|
|Luxembourg||13 February 1990||12 February 1992|
|Malta||-||29 December 1994|
|Mexico||-||26 September 2007|
|Monaco||-||28 March 2000|
|Mongolia||-||13 March 2012|
|Montenegro||-||23 October 2006|
|Mozambique||-||21 July 1993|
|Namibia||-||28 November 1994|
|Nepal||-||4 March 1998|
|Netherlands||9 August 1990||26 March 1991|
|New Zealand||22 February 1990||22 February 1990|
|Nicaragua||21 February 1990||25 February 2009|
|Norway||13 February 1990||5 September 1991|
|Panama||-||21 January 1993|
|Paraguay||-||18 August 2003|
|Philippines||20 September 2006||20 November 2007|
|Poland||21 March 2000||-|
|Portugal||13 February 1990||17 October 1990|
|Republic of Moldova||-||20 September 2006|
|Romania||15 March 1990||27 February 1991|
|Rwanda||-||15 December 2008|
|San Marino||26 September 2003||17 August 2004|
|Sao Tome and Principe||6 September 2000||-|
|Serbia||-||6 September 2001|
|Seychelles||-||15 December 1994|
|Slovakia||22 September 1998||22 June 1999|
|Slovenia||14 September 1998||22 June 1999|
|South Africa||-||28 August 2002|
|Spain||23 February 1990||11 April 1991|
|Sweden||13 February 1990||11 May 1990|
|Switzerland||-||16 June 1994|
|The former Yugoslav Republic of Macedonia||-||26 January 1995|
|Timor Leste||-||18 September 2003|
|Turkey||6 April 2004||2 March 2006|
|Turkmenistan||-||11 January 2000|
|Ukraine||-||25 July 2007|
|United Kingdom of Great Britain and Northern Ireland||31 March 1999||10 December 1999|
|Uruguay||13 February 1990||21 January 1993|
|Uzbekistan||-||23 December 2008|
|Venezuela (Bolivarian Republic of)||7 June 1990||22 February 1993|