Second Optional Protocol to the International

Covenant on Civil and Political Rights

The purpose of the Second Optional Protocol is revealed by its full title, “aiming at the abolition
of the death penalty”. It was adopted by the General Assembly by its resolution 44/128 of 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. The
Preamble to the Second Optional Protocol reinforces the view that abolition of the death penalty
is a desirable and progressive human rights measure that enhances human dignity and enjoyment
of the right to life.
Article 1

Each State Party shall take all necessary measures to abolish the death penalty within its jurisdiction.

Article 2

Requires each state party to take all necessary steps to abolish the death penalty within its jurisdiction. This
means actively working to remove it from their legal system and practice.

Exceptions: States can still impose the death penalty for the most serious crimes of a military nature
committed during wartime. This is a limited exception and requires careful adherence to specific conditions.

No Reservations: It prohibits states from making any reservations to the Protocol, except for the wartime .This
ensures full commitment to the abolition goal.

Article 3 of the Optional Protocol places reporting obligations on the state parties, to inform the Human Rights
Committee on the measures adopted to give effect to the Second Optional Protocol.

Article 4 provides for a State Party to make a complaint to the UN Human Rights Committee against another
State Party which it believes is violating the Protocol.

Article 5 provides for individuals to make complaints to the Human Rights Committee against a State Party.
individuals under states that have ratified the Protocol to file complaints with the Human Rights Committee if
they believe their rights under the Protocol have been violated. This allows for individual accountability and
oversight.

Article 6 provides temporarily suspend the abolition of the death penalty in exceptional circumstances, such
as war or public emergency. However, this suspension must be strictly limited and reported to the UN Secretary-
General.

Article 7: Joining the Club (Abolishing the Death Penalty)

This article outlines who can join the exclusive club of countries aiming to abolish the death penalty:

 Existing members: Any state that signed the International Covenant on Civil and Political Rights (ICCPR) can sign
the Second Optional Protocol on abolition.
 Full commitment: To become a full member, states must ratify the Protocol (if they already signed the ICCPR) or
accede to it (if they haven't signed the ICCPR yet). This requires them to formally approve and incorporate the
Protocol into their legal system.
  Paperwork needed: Joining documents, called "instruments of ratification" or "accession," get handed over to the
United Nations Secretary-General for safekeeping.
 Spread the word: The Secretary-General then shares the news with all other members and potential members
about who's on board the abolition train.

Essentially, Article 7 sets the entry requirements for countries who want to formally commit to ending capital
punishment and joining the international community actively working towards this goal.

Article 8: Open for Business (When Enough Join the Abolition Club)

This article specifies when the Second Optional Protocol officially kicks in and starts its mission of abolishing the
death penalty:

 Waiting room: The Protocol waits until 10 countries have officially joined by submitting their ratification or
accession documents. Think of it as needing 10 players before starting the abolition game.
 Open doors: Once the 10th country commits, the Protocol officially swings open its doors for all, and its rules
become binding for those initial 10 members.
 Fast track for newcomers: For any country joining after the 10th, they don't have to wait – the Protocol takes
effect for them 3 months after they submit their own paperwork. No need to queue behind, abolition awaits!

Article 9: No Exceptions, Even in Federal Systems

federal states and their commitment to abolishing the death penalty:

 Regardless of how a country's government is structured (with individual states or regions within a larger federal
system), the entire country must comply with the Protocol's abolition provisions.
 This means every territory, state, or region within a federal system is equally bound by the commitment to abolish
the death penalty. No exceptions or excuses are allowed.
 This article sends a strong message that abolishing the death penalty is a universal goal, applicable to all parts of a
country, regardless of internal political structures.

Article 10 outlines the duties of the Secretary-General of the United Nations in relation to the State
Parties to the Protocol.
Article 11: Preserving the Abolition Promise

This final article in your request deals with the official storage and dissemination of the Second Optional
Protocol:

Storage: The Protocol, available in six official languages (Arabic, Chinese, English, French, Russian, and
Spanish), will be safely kept in the UN archives. Think of it as a historical document and official reference point
for the global commitment to abolish the death penalty.

Distribution: The UN Secretary-General gets the duty to share certified copies of the Protocol with all states
mentioned in Article 48 of the ICCPR. This includes all UN member states and those who signed the Covenant
but haven't yet ratified it. It's like sending out invitations to join the international abolition movement.

Significance: This ensures the Protocol's accessibility and transparency. Anyone interested, whether states,
researchers, or individuals, can access its official text and understand its provisions. This promotes wider
awareness and engagement in the fight against capital punishment.
The creation of the Second Optional Protocol to the International Covenant on Civil and Political Rights
(ICCPR) aiming at the abolition of the death penalty can be attributed to several key factors:

1. Addressing a Gap in Protection: The ICCPR itself did not explicitly prohibit the death penalty, leaving a
significant gap in the protection of human rights. The Optional Protocol was designed to fill this gap by
outlawing the death penalty for all states that ratify it, providing a stronger legal framework for its abolition.

2. Strengthening Global Commitment: The Protocol aimed to consolidate the growing international
movement against the death penalty. By providing a concrete mechanism for states to commit to abolition, it
encouraged further progress and reinforced the global consensus against capital punishment.

3. Responding to Public Pressure: An increasing number of individuals and organizations were calling for the
complete abolition of the death penalty, citing its inherent cruelty, potential for error, and lack of proven
deterrent effect. The Protocol served as a response to this public pressure and offered a tangible step towards
realizing this goal.

4. Targeting Specific Concerns: The Protocol addressed specific concerns about the death penalty, such as its
disproportionate application to certain groups (e.g., minorities, the poor) and the risk of irreversible injustice
in cases of wrongful convictions. By establishing safeguards and oversight mechanisms, it aimed to ensure fair
and just implementation of the abolition commitment.

5. Building on Existing Legal Frameworks: The Protocol built upon the existing framework of the ICCPR and
other international human rights instruments that recognize the right to life and freedom from torture. This
provided a strong legal foundation for the abolition of the death penalty and facilitated its integration into the
broader human rights agenda.

Positive Changes:

 Direct Abolition for Many: The Protocol has led to the abolition of the death penalty in over 80
countries, significantly reducing its application worldwide. This directly protects the right to life for
countless individuals previously at risk of capital punishment.
 Global Momentum: The Protocol has fueled a stronger international consensus against the death
penalty. Its existence and increasing adherence represent a growing moral and legal opposition to capital
punishment, influencing states and public opinion.
 Individual Justice & Accountability: The Protocol's individual complaints mechanism empowers
individuals to seek redress for potential violations under the Protocol. This allows for investigation and
scrutiny of state practices, promoting accountability and potential remedies for victims.
 Raising Awareness & Advocacy: The Protocol has raised public awareness about the death penalty and
its problematic aspects. This has fueled advocacy efforts, strengthened civil society engagement, and
contributed to shifting public opinion against capital punishment.

Challenges:

 Limited Ratification: Not all states have ratified the Protocol, leaving gaps in protection and allowing
the death penalty to persist in certain countries. This creates an uneven global approach and hinders
complete abolition.
 Political Resistance: Some states face domestic political resistance to abolishing the death penalty,
often fueled by populist sentiments or misconceptions about its deterrent effect. This can stall progress
and create implementation hurdles.
 Resource Constraints: The individual complaints mechanism faces limitations due to resource
constraints. The Human Rights Committee responsible for handling complaints can be overwhelmed,
potentially delaying investigation and hindering its effectiveness.
 Exceptions & Loopholes: The Protocol's exception for wartime crimes creates a potential loophole,
raising concerns about potential misuse or justification for executions under unclear circumstances.
 Enforcement Gap: The Protocol's views on individual complaints are non-binding, meaning states are
not legally obligated to comply. This creates an enforcement gap and limits the practical impact of the
mechanism in some cases.

Despite these challenges, the Second Optional Protocol to the ICCPR remains a critical tool in
the global fight against the death penalty. Its positive impact on the lives of countless
individuals and its contribution to raising awareness and changing norms are undeniable.
Continued efforts to address the challenges it faces are crucial to ensure its effectiveness and
maximize its potential in creating a world free from capital punishment.