Interenatinal human rights midterm essay Example | Topics and Well Written Essays - 750 words

Interenatinal human rights midterm - Essay Example The ICCPR was ratified by the General Assembly in 1966 while the optional Protocol was adopted on the same day (OHCHR). The fact that only Marigold is a member state of the International Criminal Court does not deprive it of the right to take its case to the ICC. According to Article 12 of the Rome Statute of the International Criminal Court, the ICC has territorial jurisdiction over a crime where the criminal conduct has occurred in the territory of a state which is a member of the ICC (United Nations). Therefore, if the governments of Oakland and Beechland do not cooperate in administering justice to the people, the Marigold government can take its case to the ICC. Another option that is available to Marigold is that under Article 42 of the ICCPR, any member state may request the Committee to take up the matter and constitute a commission to decide the matter. However, this request will only be accepted if the domestic alternatives according to international law have been exhausted (OHCHR). Under this Article, the Committee may set up a Commission after satisfying that all the domestic alternatives have been tried. The Commission would be constituted of five members as opposed to the seven members decided by the Arborian Commission. It would be situated at the United Nations headquarters, the UN office in Geneva, or even at The Hague if the member states, i.e. Marigold and Beechland so determine. If any step taken by the Marigold government fails to address the loss of the Arborian community, then the individuals may make a complaint to the Human Rights Committee under Article 1 of the Optional Protocol of the ICCPR (OHCHR). However, to make a valid request, it is essential that the individual should have exhausted all the domestic resources. However, Article 5 of the Optional Protocol makes a concession in the case where the provision of appropriate remedies by the State government