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Part II Admissibility Under the ICCPR, 2 The ‘Ratione Temporis’ Rule

From: The International Covenant on Civil and Political Rights: Cases, Materials, and Commentary (3rd Edition)

Sarah Joseph, Melissa Castan

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 01 December 2020

Disappearances — Freedom of expression — Gross violations
[2.01] Under article 1 of the First Optional Protocol (OP), a claim can only be brought by an individual against a State Party to the Covenant which is also a party to the Protocol. Under article 3 OP, no communication may be submitted which is ‘incompatible with the provisions of the Covenant’. Under these two provisions, the Committee is precluded from adjudicating on a matter if it is inadmissible ratione temporis (by reason of time). If the facts complained of date from a period prior to that on which the OP entered into force with respect to the State Party...
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