Second Optional Protocol to the International Covenant on Civil and Political Rights

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Signatories to the Second Optional Protocol to the ICCPR: parties in dark green, signatories in light green, non-members in grey ICCPR-OP2 members.svg
Signatories to the Second Optional Protocol to the ICCPR: parties in dark green, signatories in light green, non-members in grey

The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, is a subsidiary agreement to the International Covenant on Civil and Political Rights. It was created on 15 December 1989 and entered into force on 11 July 1991. As of April 2022, the Optional Protocol has 90 state parties. The most recent country to ratify was Kazakhstan, on 24 March 2022. [1]

Contents

The Optional Protocol commits its members to the abolition of the death penalty within their borders, though Article 2.1 allows parties to make a reservation allowing execution "in time of war pursuant to a conviction for a most serious crime of a military nature committed during wartime" (Brazil, Chile, El Salvador). [2] Cyprus, Malta and Spain initially made such reservations, and subsequently withdrew them. Azerbaijan and Greece still retain this reservation on their implementation of the protocol, despite both having banned the death penalty in all circumstances. (Greece has also ratified Protocol no.13 of the European Convention on Human Rights, which abolishes capital punishment for all crimes).

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Capital punishment has been abolished in Mongolia since 2016, following a previous eight-year moratorium.

Capital punishment in Kazakhstan was abolished for all crimes in 2021.

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Capital punishment in Lesotho is legal. However, despite not having any official death penalty moratorium in place, the country has not carried out any executions since the 1990s and is therefore considered de facto abolitionist.

References

  1. "12. Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty". United Nations Treaty Collection. Retrieved 14 April 2022.
  2. "Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, G.A. res. 44/128, annex, 44 U.N. GAOR Supp. (No. 49) at 207, U.N. Doc. A/44/49 (1989), entered into force July 11, 1991". University of Minnesota Human Rights Library. Retrieved 10 July 2021.