1
Second Optional Protocol to the International Covenant on Civil and Political
Rights, aiming at the abolition of the death penalty
Adopted and proclaimed by General Assembly resolution 44/128 of 15
December 1989
The States Parties to the present Protocol,
Believing that abolition of the death penalty contributes to enhancement of human dignity and
progressive development of human rights,
Recalling article 3 of the Universal Declaration of Human Rights, adopted on 10 December
1948, and article 6 of the International Covenant on Civil and Political Rights, adopted on 16
December 1966,
Noting that article 6 of the International Covenant on Civil and Political Rights refers to
abolition of the death penalty in terms that strongly suggest that abolition is desirable,
Convinced that all measures of abolition of the death penalty should be considered as progress
in the enjoyment of the right to life,
Desirous to undertake hereby an international commitment to abolish the death penalty,
Have agreed as follows:
Article 1
1. No one within the jurisdiction of a State Party to the present Protocol shall be executed.
2. Each State Party shall take all necessary measures to abolish the death penalty within its
jurisdiction.
Article 2
1. No reservation is admissible to the present Protocol, except for a reservation made at the
time of ratification or accession that provides for the application of the death penalty in time of
war pursuant to a conviction for a most serious crime of a military nature committed during
wartime.
2. The State Party making such a reservation shall at the time of ratification or accession
communicate to the Secretary-General of the United Nations the relevant provisions of its
national legislation applicable during wartime.
3. The State Party having made such a reservation shall notify the Secretary-General of the
United Nations of any beginning or ending of a state of war applicable to its territory.
Article 3
The States Parties to the present Protocol shall include in the reports they submit to the
Human Rights Committee, in accordance with article 40 of the Covenant, information on the
measures that they have adopted to give effect to the present Protocol.
Article 4