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ProtocolA universal tool with regional equivalents
Article by Aurélie Plaçais published on April 02nd, 2013
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The Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) is the only universal international treaty that prohibits executions and provides essential mechanisms to entrench the abolition of the death penalty in the world.
As of the 15th January 2017, 84 States out of the 169 State parties to the ICCPR and out of the 141 abolitionist States in law or in practice have ratified the Second Optional Protocol (Azerbaijan, Brazil, Chile, Salvador, and Greece with a reservation) and 3 States (Angola, Madagascar and Sao Tome and Principe) have signed the Protocol but have not ratified it yet.
The Second Optional Protocol to the ICCPR is the only universal instrument aiming at the abolition of the death penalty, but there are also regional protocols for which the World Coalition is also campaigning:
- Protocol 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) concerning the Abolition of the Death Penalty is the first regional abolitionist treaty. It has been signed by all 47 Member States of the Council of Europe and ratified by 46 of them. This text provides for the abolition of the death penalty, but still allows States to maintain it for crimes committed in time of war or of imminent threat of war;
- Protocol 13 to the ECHR, adopted in May 2002, ratified by 44 of the 47 States and signed by an additional State, abolishes the death penalty in all circumstances and without possible reservations. Thus it goes beyond the range of the Second Optional Protocol to the ICCPR
- The Protocol to the American Convention on Human Rights to Abolish the Death Penalty was adopted in 1990 by the Organisation of the American States (OAS). Like the Second Optional Protocol, it aims at abolishing capital punishment, with the same possibility for States “to apply the death penalty in wartime in accordance with international law, for extremely serious crimes of a military nature”. It has been ratified to date by 13 out of the 23 State parties to the ACHR among the 35 Member States of the OAS.
The UN Protocol and the regional Protocols are key mechanisms that share the same objective: strengthen and entrench the abolition of the death penalty in the world.
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Same issue
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Protocol Second Optional Protocol: Frequently Asked Questions
Article by Pierre Desert published on June 27th, 2008
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Protocol Glossary of the Second Optional Protocol
Article by Pierre Désert published on June 25th, 2008
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Protocol The international responsibility of States
Article by Pierre Désert published on June 25th, 2008
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Protocol Marc Bossuyt: “Countries that have not signed up to the Protocol should feel isolated”
Article by Pierre Désert published on June 27th, 2008
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Protocol Second Optional Protocol: the only global treaty aiming at the abolition of the death penalty
Article by Pierre Désert published on June 24th, 2008
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Asia ADPAN welcomes Mongolia’s decision abolish death penalty in law
Article by ADPAN published on December 18th, 2015
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Protocol Irreversible abolition of the death penalty in Togo and the Dominican Republic
Article by Guillaume Colin and Aurélie Plaçais published on September 27th, 2016
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Protocol São Tomé and Príncipe ratifies OP2 and approves total and definitive abolition of the death penalty
Article by Elise Guillot published on January 18th, 2017
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Good News Gambia commits to full abolition of the death penalty
Article by Nicolas Chua published on October 26th, 2018
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Good News Gambia and Madagascar commit to irreversible abolition
Article by Aurelie Placais published on September 22nd, 2017
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Protocol The State of Palestine commits to abolish the death penalty
Article by Louis Linel, Aurélie Plaçais published on April 10th, 2019
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Africa The campaign for the abolition of the death penalty on the African continent
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- Keywords
- International law
- Attached documents
- Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty | English |
- PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS TO ABOLISH THE DEATH PENALTY | English |
- Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty | English |
- Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances | English |
- Status of signature and ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. | English |
- A-53: SIGNATORIES AND RATIFICATION OF THE PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS TO ABOLISH THE DEATH PENALTY | English |
- Ratification of protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances | English |
