Unpacking the Death Penalty in ASEAN

This book contributes conceptually, theoretically and morally to a deeper understanding of the distinctive Asian perceptions of punishment, justice and human rights. Researched and prepared by scholars who have not only been conducting studies on the death penalty in the region but have also been advocating for legal reforms, this edited book touches upon the different justifications for the use of capital punishment in the ASEAN region, exposing the secrecy, sensitivities and dilemmas that mask violations of international human rights laws. The chapters bring in numerous new perspectives which have been overlooked in the traditional discourse surrounding the use of the death penalty, such as that around crimes that do not meet the threshold of “most serious”; the dignity of death row inmates and their families; contradictions within religion and capital punishment; and the way in which growing authoritarianism and the media are adversely influencing the public’s perception and support for capital punishment in the region. In examining how public opinion shapes state policies towards the death penalty and how it varies according to different offences and different states, the authors critically analyse how the international human rights mechanisms have specifically called for ASEAN member states to refrain from extending the application of the death penalty and to limit it to the “most serious crimes.” Relevant to socio-legal scholars focused on crime and punishment in Southeast Asia, and in the Global South more broadly, this is a landmark collection in criminology and human rights scholarship. 

Chapter "ASEAN and the Death Penalty: Theoretical and Legal Views and a Pathway to Abolition" is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Sriprapha Petcharamesree was Senior Faculty Member at the Institute of Human Rights and Peace Studies, Mahidol University in Thailand. She received her Ph.D. (Doctorate) in international politics from the University of Paris-X Nanterre, France. She was awarded, in 2017, Honorary Doctor by the University of Oslo, Norway, for her contribution to human rights. From 2009 to 2012, she has served as Representative of Thailand to the ASEAN Intergovernmental Commission on Human Rights (AICHR). Her recent works focus, among others, on issues of citizenship, migration, refugees and asylum seekers as well as statelessness, human rights in international relations, human rights laws and human rights education. She was entrusted by the AICHR (ASEAN Intergovernmental Commission on Human Rights) to synthesize the country reports on right to life focusing death penalty in ASEAN. She continues her research on the issues and advocates for the abolition of death penalty in the region.

Alan Collins is Professor of International Relations at the Department of Politics, Philosophy, and International Relations, Swansea University, United Kingdom.

Much of Mark Capaldi’s work has been in South and East Asia, where he has lived for 30 years when he worked with the International NGOs Concern Worldwide, PACT Inc., Save the Children UK and ECPAT International. As Deputy Director of ECPAT International (2001–2011), he worked to end the commercial sexual exploitation and trafficking of children, supporting a wide range of programming and advocacy in all regions of the world. From 2011 to 2018, he took on the role of ECPAT’s global Head of Research and Policy. He has a doctorate degree with the Institute of Human Rights and Peace Studies at Mahidol University, Bangkok, where he currently works as Lecturer. The research topic of his dissertation was children’s agency within independent child migration in Thailand. Other recent researchareas included a ten countries study on the death penalty in ASEAN and also the issue of religions and its impact on sexuality within Southeast Asia.