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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 279
The basic principle of international law is that an international
mechanism has jurisdiction to adjudicate on alleged violations
of international law that occurred after the obligation to respect
the obligation entered into force for the State concerned. 683
This principle applies equally to international human rights
mechanisms, so that they have jurisdiction only over facts or
acts that arose only after the entry into force of the relevant
treaty for the State Party. 684
However, the principle applies differently to different situations:
Instantaneous fact/act: the simplest situation occurs
when the fact or act to be contested is an instantaneous
one. In this case, it suffices to check whether the act
occurred before or after the entry into force of the
relevant treaty; 685
Continuous fact/act: when the breach of the
obligation has a continuing character, then the wrongful
fact or act continues until the situation of violation is
ended. Examples include enforced disappearances or
arbitrary detentions, when the person continues to be
disappeared (his whereabouts continue to be unknown)
or detained even after the entry into force of the treaty,
683
See, Article 13, ILC Draft Articles on State Responsibility. See, inter
alia, Island of Palmas (Netherlands/USA), UNRIAA, vol. II (Sales No.
1949.V.1), p. 829, at p. 845 (1928); Affaire des navires Cape Horn
Pigeon, James Hamilton Lewis, C.H. White et Kate and Anna, UNRIAA,
vol. IX (Sales No. 59.V.5), p. 66, at p. 69 (1902). See also, Northern
Cameroons (Cameroon v. United Kingdom), ICJ, Preliminary
Objections, 2 December 1963, ICJ Reports 1963, p. 15, at p. 35;
Certain Phosphate Lands in Nauru (Nauru v. Australia), ICJ,
Preliminary Objections, 26 June 1992, ICJ Reports 1992, p. 240, at
pp. 253-255, paras. 31-36.
684
See, X v. Germany, ECommHR, Application No. 1151/61, Recuil
des decisions, p. 119 (1961).
685
See, Article 14.1, ILC Draft Articles on State Responsibility.