Second Optional Protocol to the International
Covenant on Civil and Political Rights
aiming at the abolition of the death penalty
Adopted and opened for signature, ratification and accession by General
Assembly resolution 44/128 of 15 December 1989
entry into force 11 July 1991
The States Parties to the present Protocol,
Believing that abolition of the death penalty contributes to enhancement of human dignity and progressive
development of human rights,
Recalling article 3 of the Universal Declaration of Human Rights, adopted on 10 December 1948, and article 6 of
the International Covenant on Civil and Political Rights, adopted on 16 December 1966,
Noting that article 6 of the International Covenant on Civil and Political Rights refers to abolition of the death
penalty in terms that strongly suggest that abolition is desirable,
Convinced that all measures of abolition of the death penalty should be considered as progress in the
enjoyment of the right to life,
Desirous to undertake hereby an international commitment to abolish the death penalty,
Have agreed as follows:
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.
Article 5
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