ORGANIZATION OF AMERICAN STATES: PROTOCOL TO THE AMERICAN CONVENTION ONHUMAN RIGHTS TO ABOLISH THE DEATH PENALTYSource: International Legal Materials, Vol. 29, No. 6 (NOVEMBER 1990), pp. 1447-1448Published by: American Society of International LawStable URL: http://www.jstor.org/stable/20693502 .

Accessed: 18/06/2014 21:50

Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at .http://www.jstor.org/page/info/about/policies/terms.jsp

.JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact support@jstor.org.

.

American Society of International Law is collaborating with JSTOR to digitize, preserve and extend access toInternational Legal Materials.

http://www.jstor.org

This content downloaded from 195.78.109.96 on Wed, 18 Jun 2014 21:50:51 PMAll use subject to JSTOR Terms and Conditions

1447

ORGANIZATION OF AMERICAN STATES: PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS TO ABOLISH THE DEATH PENALTY*

[Approved at the 20th Regular Session of the O.A.S. General Assembly by Resolution 1042 of June 8, 1990]

+Cite as 29 I.L.M. 1447 (1990)+

I.L.M. Content Summary

TEXT OF PROTOCOL - I.L.M. Page 1447

PREAMBLE [Referring to Art. 4 of the American Convention on Human Rights]

ART. 1 [Prohibiting application of the death penalty] ART. 2 [The only reservation allowed is for extremely serious

wartime crimes of a military nature] ART. 3 [Signature, ratification, and accession] ART. 4 [Entry into force]

PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS TO ABOLISH THE DEATH PENALTY

PREAMBLE

THE STATES PARTIES TO THIS PROTOCOL,

CONSIDERING:

That Article 4 of the American Convention on Human Rights recognizes the right to life and restricts the application of the death penalty;

That everyone has the inalienable right to respect for his life, a

right that cannot be suspended for any reason;

That the tendency among the American States is to be in favor of aboli

tion of the death penalty;

That application of the death penalty has irrevocable consequences, forecloses the correction of judicial error, and precludes any possibi

lity of changing or rehabilitating those convicted;

*[Reproduced from the text provided to International Legal Materials by the Organization of American States. As of November 30, 1990, Ecuador, Nicaragua, Panama, Uruguay and Venezuela had

signed the Protocol; there were no ratifications as of that date. [The American Convention on Human Rights, done at San Jose,

Costa Rica, November 22, 1969, and entered into force July 18, 1978, appears at 9 I.L.M. 673 (1970). The Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, known as the Protocol of San Salvador, done November 17, 1988, appears at 28 I.L.M. 156 (1989), with corrections at 28 I.L.M. 573 and 1341 (1989).

[The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, adopted December 15, 1989, appears at 29 I.L.M. 1464 (1990).]

This content downloaded from 195.78.109.96 on Wed, 18 Jun 2014 21:50:51 PMAll use subject to JSTOR Terms and Conditions

1448

That the abolition of the death penalty helps to ensure more effective

protection of the right to life;

That an international agreement must be arrived at that will entail a

progresssive development of the American Convention on Human Rights, and

That States Parties to the American Convention on Human Rights have ex

pressed their intention to adopt an international agreement with a view to consolidating the practice of not applying the death penalty in the

Americas,

HAVE AGREED TO SIGN THE FOLLOWING PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS

TO ABOLISH THE DEATH PENALTY

ARTICLE 1

The States Parties to this Protocol shall not apply the death penalty in their territory to any person subject to their jurisdiction.

ARTICLE 2

1. No reservations may be made to this Protocol. However, at the time of ratification or accession, the States Parties to this instru ment may declare that they reserve the right to apply the death penalty in wartime in accordance with international law, for extremely serious crimes of a military nature.

2. The State Party making this reservation shall, upon ratification or accession, inform the Secretary General of the Organization of Ame

rican States of the pertinent provisions of its national legislation

applicable in wartime, as referred to in the preceding paragraph.

3. Said State Party shall notify the Secretary General of the Organi zation of American States of the beginning or end of any state of war

in effect in its territory.

ARTICLE 3

This Protocol shall be open for signature and ratification or accession

by any State Party to the American Convention on Human Rights.

Ratification of this Protocol or accession thereto shall be made

through the deposit of an instrument of ratification or accession with

the General Secretariat of the Organization of American States.

ARTICLE 4

This Protocol shall enter into force among the States that ratify or

accede to it when they deposit their respective instruments of ratifi

cation or accession with the General Secretariat of the Organization of

American States.

This content downloaded from 195.78.109.96 on Wed, 18 Jun 2014 21:50:51 PMAll use subject to JSTOR Terms and Conditions