abolished the death penalty in law or in practice.52 There is a clear movement towards the abolition of the death penalty. That movement is consistent with the customary law obligation described above, and is consistent with the views of the General Assembly.53 Successive United Nations General Assembly resolutions have seen growing numbers in favor of abolition.54 Table 1: UN General Assembly voting on resolutions concerning moratorium on the use of the death penalty towards abolition55 2007 vote 62nd session In favour: 104 Against: 54 Abstentions: 29 2008 vote 2010 vote 2012 vote 2014 vote 2016 vote rd th th th 63 session 65 session 68 session 69 session 71st session In favour: 106 Against: 46 Abstentions: 34 In favour: 109 Against: 41 Abstentions: 35 In favour: 111 Against: 41 Abstentions: 34 In favour: 117 Against: 37 Abstentions: 34 In favour: 117 Against:40 Abstentions: 31 Source: United Nations General Assembly records; Joint Standing Committee on Foreign Affairs, Defence and Trade, The Parliament of the Commonwealth of Australia; and World Coalition Against the Death Penalty. While not legally binding, the growing support for the General Assembly resolutions shows that world opinion is hardening against the use of the death penalty.56 As described above, customary international law requires movement towards abolition. States are also explicitly expressing their decisions to move for abolition in their national reports. The government of India for example recommended the abolition of the death penalty: Despite the prevalence of death sentences handed down by first instance courts, there is some movement within the government towards abolition. In August 2015, the Law Commission of India, comprised of legal experts mandated by the government of India to advise the ministry of Law and Justice on legal reform, published a report sharing its conclusions of an extensive study on the death penalty in India, which recommends the abolition of the death penalty. The report concluded 52 Id. See generally UN General Assembly, supra note 50. 54 Joint Standing Committee on Foreign Affairs, Defence and Trade, The Parliament of the Commonwealth of Australia, A world without the death penalty: Australia's Advocacy for the Abolition of the Death Penalty, May 2016, at 24, available at http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Foreign_Affairs_Defence_and_Trade/Death_Penalt y/Report (last accessed Feb.27, 2017). 55 The Philippines voted in favor of the resolutions from 2007-2014, sponsoring / co-sponsoring the 2007 and 2014 resolutions. 56 Joint Standing Committee on Foreign Affairs, supra note 54. 53 Page 18 of 23