Death_Penalty_2005_nowy.qxd
2005-09-08
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OTHER INTERNATIONAL STANDARDS ON THE DEATH PENALTY
Article 2
1.
2.
3.
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.
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.
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.
Article 3
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.
Article 4
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.
Article 5
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.
Article 6
1.
2.
The provisions of the present Protocol shall apply as additional provisions to the
Covenant.
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.
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