Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

274 PRACTITIONERS GUIDE No. 12
ANNEX 1: THE CHOICE OF AN INTERNATIONAL
MECHANISM: A CHECKLIST 681
I. Which mechanism you can use
a) Applicability of international obligations
1. What human rights treaties is the relevant State party to?
2. Have any reservations or interpretative declarations been
made by the State concerned?
3. Are all such reservations and declarations valid and
permissible (i.e. is it permitted by the treaty; is it contrary to
the object and purpose of the treaty?)
b) Temporal jurisdiction
1. Have the relevant treaties already entered into force?
2. Had the treaty entered into force before the facts of the case
took place?
3. If separate ratification or agreement is necessary for the
individual or collective complaints mechanism relevant to the
treaty, has this taken place?
c) Territorial jurisdiction
1. Did the acts complained of take place within the territory of
the State concerned, or otherwise come under its authority or
control so as to fall within its jurisdiction?
2. Does the human rights body to which the complaint is to be
sent have jurisdiction over the State concerned?
681
Extract from ICJ Practitioners Guide No. 6, Migration and
International Human Rights Law (updated edition, 2014) URL:
http://icj.wpengine.netdna-cdn.com/wp-
content/uploads/2014/10/Universal-MigrationHRlaw-PG-no-6-
Publications-PractitionersGuide-2014-eng.pdf