Admissibility Debate of Individual Communications Before the Human Rights Committee

Abstract

This research focuses on one of the most important legal issues: the admissibility of personal communications under the jurisdiction of the Human Rights Committee (HRC), in addition to the causes of inadmissibility. There are numerous legal problems argued, such as non-retroactivity ("ratione temporis") of treaty law, expanding interpretation of the exceptions, and the principle of state membership in the International Covenant on Civil and Political Rights (ICCPR). In addition, some states reject joining the First Optional Protocol (FOP) despite ratifying the ICCPR to deny the human rights committee authority to review individual complaints. This paper can help researchers and lawyers analyze international problems, paying particular attention to the principles, exceptions, and techniques to avoid falling into the legal trap of the inadmissibility of individual communications. The objectives of this research are mainly to advance the effectiveness and credibility of the international protection system by further developing legal protection ideas, making individual communications admissible, and increasing protection coverage for the victims.