You don't read your own quotes?Where, in that post, does it stress the need to be at war? And surely 'War' is whatever the EU decides it to be??
You're doing great.(b) Article 2 of Protocol No 6 to the ECHR:
‘A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions…’."