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
- 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...