The Death Penalty in the OSCE Area 49 3.2 International standards abolishing the death penalty Council of Europe Since the adoption of the ECHR, steps have been taken to develop legally binding instruments that abolish the death penalty. The Council of Europe has adopted Protocol No. 6 to the ECHR,81 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.82 In addition, the Council of Europe has also adopted Protocol No. 13 to the ECHR,83 which is the first legally binding instrument that abolishes the death penalty in all circumstances, including in time of war. • Forty-five84 OSCE participating States have ratified Protocol No. 6.85 In the period from 30 June 2005 to 30 June 2006, one participating State, Monaco, ratified Protocol No. 6. • Thirty-six86 OSCE participating States have ratified Protocol No. 13. In the period from 30 June 2005 to 30 June 2006, six participating States ratified Protocol No. 13: Luxembourg, Monaco, the Netherlands, Norway, Slovakia and Turkey. One participating State, Armenia, signed Protocol No. 13. 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,87 which abolishes the death penalty during peacetime. Forty-one OSCE participating States88 have ratified the Second Optional Protocol. 81 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. 82 Resolution 1044 (1994) of the Parliamentary Assembly of the Council of Europe on the Abolition of Capital Punishment, 4 October 1994. 83 84 85 86 87 ETS No. 187. Entered into force on 1 July 2003. Including the State Union of Serbia and Montenegro. Of the 56 OSCE participating States, 46 are member states of the Council of Europe. Including the State Union of Serbia and Montenegro. 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. 88 Including the State Union of Serbia and Montenegro.

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