The Death Penalty in the OSCE Area Organization of American States The American Convention on Human Rights (ACHR), which is of a legally binding nature, does not abolish the death penalty.20 Article 4, which enshrines the right to life, places severe restrictions on states’ ability to impose the death penalty. The latter is only applicable for the most serious crimes. Once the death penalty is abolished, it cannot be reinstated. It cannot to be used for political offences or common crimes. It also cannot be imposed on those under 18 or over 70 at the time the crime was committed, or on pregnant women. European Union The European Union takes an active stance against the death penalty in its relations with accession countries and third countries. First, the abolition of the death penalty is a prerequisite to accession to the EU.21 Second, the EU has developed “Guidelines on European Union policy towards third countries on the death penalty”.22 These Guidelines, which are reproduced in Annex 2, contain a list of minimum standards on the use of the death penalty. 2.2 International Standards Abolishing the Death Penalty United Nations Since the adoption of the ICCPR, steps have been taken to develop a legally binding instrument that requires the abolition of the death penalty. Accordingly, the UN has adopted the Second Optional Protocol to the ICCPR,23 which abolishes the death penalty during peacetime. Forty-three OSCE participating States have ratified the Second Optional Protocol. In the period from 30 June 2006 to 30 June 2007, three participating States ratified the Second Optional Protocol: Andorra, Moldova, and Montenegro. 20  Entered into force 18 July 1978. At present, 24 of the 35 member states of the Organization of American States are parties to the ACHR. The United States of America and Canada are not parties to the ACHR. 21  The abolition of the death penalty for peacetime crimes is an element of the Copenhagen Criteria for accession countries to the European Union. 22  General Affairs Council, “Guidelines on European Union policy towards third countries on the death penalty”, Luxembourg, 29 June 1998. 23  UN General Assembly Resolution 44/128 of 15 December 1989. Entered into force on 11 July 1991. Article 2 of the Second Optional Protocol provides that no reservation is admissible except for reservations made at the time of ratification or accession that provide 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.