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5.4 The Work of the Human Rights Committee
and its General Comment No.24(52)
5.4.1 Supervisory Body of the ICCPR
The Human Rights Committee is the supervisory body of the International
Covenant on Civil and Political Rights, ICCPR
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, and was established after the
adoption of the Covenant. The Committee is composed of 18 members, elected
by the state parties, but serving in their individual capacity, not as government
representatives. This distinguishes the Committee from the UN Human Rights
Commission. There is only one compulsory mechanism under the Covenant, and
that is the reporting system (article 40, ICCPR), requiring states to submit reports
on the national human rights situation every five years.
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These reports are
thereafter studied and commented upon by the Committee.
Another task of the Committee is to care for an optional procedure, in which
states may grant other states to bring a complaint against them before the
Committee alleging the violation of human rights.
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One condition for the
procedure is that both states concerned must have accepted the procedure,
another that all local remedies must be exhausted before this procedure can be
invoked. “The procedure lacks teeth because it can ultimately only lead to a
conciliation attempt and there is no reference to a judicial body which could take
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Baratta, p. 421.
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Baratta, p. 421-422.
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More about the Nordic “No Benefit” Approach below in chapter 5.6.2.
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ICCPR was concluded on 16 December 1966, and entered into force on March 23 1976. As
of March 28 2001, there were 148 State Parties to the Covenant. “Status of Ratifications of
Principal International Human Rights Treaties As of 28 March 2001”, Source:
http://www.unhchr.ch/pdf/report.pdf
 
(23 April 2001, at 17.45).
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Malanczuk, p.215.
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As of the 28 March 2001, 98 States had accepted the procedure, by signing the First
Optional Protocol. “Status of Ratifications of Principal International Human Rights Treaties
As of 28 March 2001”, Source: