Metro Manila (CNN Philippines) President Rodrigo Duterte and some lawmakers have called for the

return of the death penalty as a way to strengthen the rule of law. But the Philippines could violate
international law if it brings the punishment back.

The country is a party to the International Covenant on Civil and Political Rights (ICCPR) an international
treaty that, among other things, prescribes states to respect and observe fundamental freedoms. These
include freedom of expression, freedom of religion, and freedom from cruel, inhumane, or degrading
punishment.

Commission on Human Rights Chairperson Chito Gascon told CNN Philippines that "The death penalty is
categorized as one such cruel, inhumane, and degrading treatment."

The Philippines has also ratified the ICCPR's Second Optional Protocol which urges states to abolish the
death penalty and prevents them from carrying out executions.

An Optional Protocol is a supplementary agreement to a treaty. According to U.P. Law Professor and
Kabayan Party List Rep. Harry Roque, it is "optional" in the sense that those who ratified the ICCPR have
the option of ratifying the additional agreement. Not all parties who ratified the ICCPR have ratified its
optional protocols.

It is wrong to say that those who ratified the optional protocols may choose to disregard them any time
they please.

"If a State chooses to ratify the optional protocols, it may not disregard their obligations under the
protocol. Both the ICCPR and the Optional Protocols are considered treaties under international law, and
thus parties to such agreements are bound to comply with them in good faith," Roque explained.

No turning back?
The Philippines signed the ICCPR on December 19, 1966 and ratified it on October 23, 1986. It opted to
sign the Second Optional Protocol on September 20, 2006. The annex was ratified on November 20,
2007.

The Second Optional Protocol explicitly forbids the Philippines and others states who have ratified it
from conducting executions within their respective jurisdictions: "No one within the jurisdiction of a State
Party to the present Protocol shall be executed."

However, it provides for one exception: Countries who expressed reservations only during the time of
ratification or accession may resort to the death penalty in times of war for those convicted of "a most
serious crime of a military nature committed during wartime."

The Philippines cannot claim the exception because it did not make reservations when it ratified the
Second Optional Protocol. "[I]n no case could death penalty be seen as acceptable under this treaty,"
Roque stressed.

According to the document, countries are compelled to "take all necessary measures to abolish the death
penalty."

As treaties, the ICCPR and its Second Optional Protocol form part of international law. Other human
rights treaties include the Convention on the Rights of the Child and the International Convention on
Social, Economic, and Cultural Rights.

"Since the Philippines has ratified the Second Optional Protocol to the ICCPR, it would be violating
international law by restoring the death penalty," Roque pointed out.

Complaints against the Philippines?

Roque explained that a complaint may be brought before the international community if the country brings
back the said punishment.

"Under the First Optional Protocol (of the ICCPR) which the Philippines has also ratified, individuals may
file complaints before the United Nations Human Rights Committee (UNHRC). The UNHRC could then
investigate the case and provide a view if indeed there was a violation of the ICCPR or any of the
Optional Protocols."

However, he pointed out that complaints before the UNHRC are not binding decisions, as it is not a
judicial tribunal. "Even if it did find violations, it would not have it would not have the authority to enforce
its view upon a State."

Death penalty is 'retribution'

During his first press conference after the May 9 elections, Duterte said he wanted Congress to restore
death penalty by hanging for convicts involved in illegal drugs, gun-for-hire syndicates, and those who
commit heinous crimes like rapists, robbers or car thieves who kill their victims.