ABSTRACT

Inadmissibility ratione temporis is a feature common to other systems of international human rights adjudication. For example, the case-law of the European Commission of Human Rights (E.Comm.H.R.) is replete with decisions of inadmissibility on this ground. According to the case-law, many communications or parts of them have been declared inadmissible ratione temporis because the alleged violations occurred prior to the entry into force of the Covenant and the Optional Protocol (O.P.) for the State Party concerned. The general rule is that communications relating to events occurring prior to entry into force of the Covenant and the O.P. for the State Party concerned are normally declared inadmissible ratione temporis under article 3 of the O.P. as incompatible with the provisions of the Covenant. The Committee has been generous in its application of the 'continuing violation concept' but its refusal to countenance non-retroactivity of the O.P. would appear to be out of step with the practice of the E.Comm.H.R.