IN DEFENSE OF THE RIGHT TO LIFE: INTERNATIONAL LAW AND DEATH PENALTY IN THE PHILIPPINES A study by the Commission on Human Rights of the Philippines* and Dr. Christopher Ward, SC** Australian Bar Adjunct Professor, Australian National University I. Introduction On 24 June 2006, the Philippines abolished the death penalty for all crimes within Philippine jurisdiction when Republic Act (R.A.) No. 9346, otherwise known as “An Act Prohibiting the Imposition of the Death Penalty in the Philippines” was enacted. Then on 20 November 2007, the Philippines ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights.1 By each of these sovereign acts, the Philippines committed itself to the total, absolute, and permanent abolition of the death penalty. * The Commission on Human Rights of the Philippines (CHR) is the National Human Rights Institution (NHRI) of the Philippines. Established by the 1987 Philippine Constitution, the CHR has a general jurisdiction for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection. An “A” NHRI, the CHR complies with the Paris Principles on the Status of National Human Rights Institutions adopted by the UN General Assembly in 1995. The CHR demonstrates the following characteristics of Paris Principles- compliant NHRI: independence, pluralism, broad mandate, transparency, accessibility and operational efficiency. ** Dr Christopher Ward, SC is a Senior Counsel (silk) at the Australian Bar where he has practiced since 1998. He was previously a solicitor at a top tier law firm. Dr Ward is recognised as a leading expert in public international law and human rights law and he has a global practice in the field, working throughout Asia, Europe and the Americas. He is retained by Governments, individuals and large corporations and appears regularly in superior courts and tribunals. Dr Ward is an Adjunct Professor of International Law at the Australian National University. He is the President of the Australian Branch of the International Law Association. He is a Fellow of the Centre for International and Public Law and a Fellow of the Centre for Military and Security Law at the Australian National University. Dr Ward has been counsel in numerous prominent international human rights and international law cases, including the case of Al Jazeera journalist Peter Greste. He has been international legal counsel in several death penalty cases. He has taught human rights law and public international law at universities for over twenty five years. 1 1989 Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, opened for signature Dec. 15, 1989, 1642 U.N.T.S. 414 (entered into force July 11, 1991) [hereinafter ICCPR-OP2]. Page 1 of 23