ASSIGNMENT 2 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 18 SEPTEMBER 2025
, International Human Rights Law
Legal Opinion for the Movement Against Death Penalty (MADP)
Re: Human Rights Committee (HRC) Action on Behalf of Mr. Mbhekwe Under the
ICCPR and Its Optional Protocols
I. Introduction
This legal opinion analyzes whether the Movement Against Death Penalty (MADP),
representing Mr. Mbhekwe, can bring an individual communication before the United
Nations Human Rights Committee (HRC) under the International Covenant on Civil and
Political Rights (ICCPR) and its Optional Protocols. It considers (a) procedural
admissibility, (b) substantive merits regarding the alleged human rights violations, and
(c) available remedies.
II. Procedural Issues
A. Jurisdiction under the First Optional Protocol (OP1-ICCPR)
The ICCPR, adopted in 1966, obliges States to respect civil and political rights including
the right to life, fair trial, and protection against torture (United Nations, 1966a).
However, the ICCPR alone does not provide for individual petitions. Jurisdiction for
individual communications is established only if the State Party has ratified the First
Optional Protocol (OP1-ICCPR), which entered into force in 1976 and, as of mid-2024,
had 116 State Parties (United Nations, 1966b; Wikipedia, 2025). Under Article 1 of OP1,
the HRC may receive complaints from individuals claiming violations of ICCPR rights
(Wikipedia, 2025). If Kamarara has not ratified OP1, the Committee would lack
competence, rendering any complaint inadmissible.