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

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The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, is an international treaty which commits its parties to the abolition of the death penalty. It was adopted by the United Nations General Assembly on 15 December 1989 and entered into force on 11 July 1991.

Background

The International Covenant on Civil and Political Rights (ICCPR) is a key international human rights treaty, providing a range of protections for civil and political rights. The Second Optional Protocol is one of two optional protocols to the ICCPR, the other being the First Optional Protocol, which allows for individual complaints to be made to the Human Rights Committee.

Provisions

The main provision of the Second Optional Protocol is the commitment by its parties to abolish the death penalty within their jurisdictions. Article 1 of the Protocol states that no one within the jurisdiction of a State Party shall be executed. Article 2 allows for a reservation at the time of ratification or accession, permitting the application of the death penalty in wartime for the most serious crimes of a military nature.

Ratification and Signatories

As of [current year], the Second Optional Protocol has 90 parties and 37 signatories. Countries that have ratified the Protocol are legally bound to abolish the death penalty and to take all necessary measures to ensure that no one within their jurisdiction is executed.

Implementation

The implementation of the Second Optional Protocol is monitored by the Human Rights Committee, which oversees the implementation of the ICCPR and its protocols. States parties are required to submit regular reports to the Committee on how the rights are being implemented.

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