More
significantly,
the
also,
unambiguously
Philippines
and
is
of
without
the
Protocol.
It then
ratified
the
Second Optional Protocol in 2007. The
room for argument, a State Party to the
circumstances
of
Second Optional Protocol to the ICCPR.
are
below,
discussed
ratification,
do
which
not
permit
any international law argument by the
The
Second
significant
At
the
been
of
ratified
this
by
States
provides
Opinion,
84
the
all
a
Philippines that it is not a party to the
and
signed
complete,
of
the
crimes
Second Optional Protocol.
it has
States
abolition
for
is
agreement.
have
for
permanent,
penalty
Protocol
international
date
other
It
Optional
within
2
Article
it
1
Protocol
of
the
provides
of abolition
state’s jurisdiction. Article 1(1) contains
the
an absolute
by the
prohibition
Optional
Protocol
is absolute.
positive
Once
ratified
by
State,
death
obligations
Protocol
of
are
the
Second
the
any
upon
States
undertake
to
its
1(2)
Article
to
obligation
a State
person within
While
mandates
Second
a
of
death
party executing
required
for the abolition
the death penalty to persons within a
jurisdiction.
act
Optional
and
jurisdiction of the state party.
The
Second
abolish
a
the
penalty within their jurisdiction.
Optional
incapable
of
being
The
prohibition
in
1(1)
Article
is
retracted or altered by the State at any
absolute
time in the future.
capable of interpretation in a manner
and
unqualified.
It
is
that allows for the implementation
To reiterate, the Philippines signed and
the
ratified
within
Protocol
the
to
the
thereby became
Second
ICCPR
Optional
in
2006,
and
penalty
the
Philippines.
immediately obliged
not to defeat the object and
death
purpose
18
upon
jurisdiction
any
not
of
person
of
the