Second Optional Protocol to the International Covenant on Civil and Political Rights Summary
Overview of the Second Optional Protocol to the International Covenant on Civil and Political Rights
- Adopted on 15 December 1989 by General Assembly resolution 44/128.
Core Components of the Protocol
- Universal Instrument
- Entry Into Force: 11 July 1991 in accordance with article 8(1).
Preamble
- Beliefs:
- The abolition of the death penalty enhances human dignity and promotes human rights.
- Recalls:
- Article 3 of the Universal Declaration of Human Rights (adopted on 10 December 1948).
- Article 6 of the International Covenant on Civil and Political Rights (adopted on 16 December 1966) implies the desirability of abolishing the death penalty.
- Conviction:
- All measures towards the abolition of the death penalty should be seen as progress towards the enjoyment of the right to life.
- Desire:
- An international commitment to abolish the death penalty.
Articles of the Protocol
Article 1
- Prohibition of Execution:
- No individual within the jurisdiction of a State Party shall be executed.
- Each State Party is mandated to take necessary measures to abolish the death penalty within its boundaries.
Article 2
- Reservations:
- No reservations are allowed, except for those made during ratification or accession that permit the application of the death penalty in times of war for a most serious crime of a military nature committed during wartime.
- A State Party making a reservation must communicate the relevant national legislation applicable during wartime to the Secretary-General of the United Nations.
- The State must notify the Secretary-General of any initiation or cessation of a state of war applicable to its territory.
Article 3
- Reporting Obligations:
- States Parties must include information in reports submitted to the Human Rights Committee regarding measures adopted to give effect to this Protocol.
Article 4
- Competence of the Human Rights Committee:
- The competence of the Human Rights Committee extends to examine communications from States regarding fulfillment of obligations under this Protocol, provided the concerned State did not declare otherwise during ratification or accession.
Article 5
- Communications from Individuals:
- For States Parties to the first Optional Protocol of the International Covenant on Civil and Political Rights, the Human Rights Committee can receive communications from individuals under its jurisdiction pertaining to this Protocol unless the State made a contrary statement during ratification or accession.
Article 6
- Applicability of Provisions:
- The provisions of this Protocol act as additional provisions to the Covenant.
- The right guaranteed in Article 1 is not subject to any derogation under Article 4 of the Covenant, despite possible reservations under Article 2 of this Protocol.
Article 7
- Signature and Ratification:
- Open for signature by any State that has signed the Covenant.
- Requires ratification by any State that has ratified or acceded to the Covenant.
- Instruments of ratification must be deposited with the Secretary-General of the United Nations.
- The Protocol is also open for accession by States that have ratified or acceded to the Covenant.
Article 8
- Entry Into Force:
- The Protocol will enter into force three months following the deposit of the 10th instrument of ratification or accession.
- For States ratifying thereafter, it enters into force three months after their own instrument of ratification or accession is deposited.
Article 9
- Federal States:
- The provisions of this Protocol extend to all parts of federal States without any limitations or exceptions.
Article 10
- Notifications by the UN Secretary-General:
- The Secretary-General must inform all States regarding:
- Reservations, communications, and notifications under Article 2 of this Protocol.
- Statements made under Articles 4 or 5.
- Signatures, ratifications, and accessions under Article 7.
- The date of entry into force of the Protocol under Article 8.
Article 11
- Authenticity and Archives:
- The Protocol is authenticated in Arabic, Chinese, English, French, Russian, and Spanish.
- It shall be archived at the United Nations and certified copies transmitted to all relevant State parties.
Conclusion
- The Second Optional Protocol emphasizes the commitment of State Parties to abolish the death penalty, reflecting a global stance on enhancing human rights and dignity.