ICCPR'S FIRST OPTIONAL PROTOCOL

What You Need to Know

An Optional Protocol (OP) is an instrument that establishes additional rights and obligations with regard to a separate treaty. Article I of the First OP to the International Covenant on Civil and Political Rights (ICCPR) provides as follows: 

A State Party to the Covenant that becomes a Party to the present Protocol recognizes the competence of the Committee to receive and consider communications from individuals subject to its jurisdiction who claim to be victims of a violation by that State Party of any of the rights set forth in the Covenant. No communication shall be received by the Committee if it concerns a State Party to the Covenant which is not a Party to the present Protocol.

Although the United States signed the ICCPR in 1977 and ratified or acceded to it in 1992, the U.S. has yet to sign or ratify any of the ICCPR’s OPs. As a result, the UN Human Rights Committee cannot examine allegations of ICCPR violations inside or outside of the U.S. by U.S. government officials, submitted by one or more American citizens.