The Death Penalty in the OSCE Area
Second Optional Protocol to the International Covenant on Civil and
Political Rights, aiming at the abolition of the death penalty
(1989)
Article 1
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.
Article 2
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.
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.
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