INTERNATIONAL STANDARDS ON THE DEATH PENALTY 2. INTERNATIONAL STANDARDS ON THE DEATH PENALTY This chapter provides an overview of the international standards on the death penalty that have been developed by the OSCE, the Council of Europe, the United Nations, and the European Union. For the purposes of this overview, the international standards have been divided into two main categories: • • International standards abolishing the death penalty; and International standards restricting the use of the death penalty. 2.1 INTERNATIONAL STANDARDS ABOLISHING THE DEATH PENALTY COUNCIL OF EUROPE The European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) does not require the abolition of the death penalty.2 Since the adoption of the ECHR, however, steps have been taken to develop legally binding instruments that do abolish the death penalty. The Council of Europe has adopted Protocol No. 6 to the ECHR,3 which abolishes the death penalty during peacetime. All new member states of the Council of Europe are required to ratify Protocol No. 6 within a certain time limit.4 In addition, the Council of Europe has also adopted Protocol No. 13 to the ECHR,5 which is the first legally binding instrument that abolishes the death penalty in all circumstances, including in time of war. Protocol No. 13 entered into force on 1 July 2003. 2 3 4 5 ETS No. 005. Entered into force on 3 September 1953. ETS No.114. Entered into force on 1 March 1985. Article 2 of Protocol No. 6 provides that a state may make provision in its law for the death penalty in respect of acts committed in times of war or of imminent threat of war. Resolution 1044 (1994) of the Parliamentary Assembly of the Council of Europe on the Abolition of Capital Punishment, 4 October 1994. ETS No. 187. Entered into force on 1 July 2003. 7