October – 3 November 2005
Issues and proceedings before the Committee
The Committee has further noted the authors’ claim under article 25 (a), that they were deprived, by the State party, of their right and opportunity to take part in the conduct of public affairs relating to the negotiations, and subsequent adhesion of France to the ICC Statute with a declaration under article 124 limiting the State party’s responsibility, the Committee recalls that citizens also take part in the conduct of public affairs by exerting influence through public debate and dialogue with their representatives or through their capacity to organize themselves. In the present case, the authors have participated in the public debate in France on the issue of its adhesion to the ICC and on the issue of article 124 declaration; they acted through elected representatives and through their association’s actions. In the circumstances, the Committee considers that the authors have failed to substantiate, for purposes of admissibility, that their right to take part in the conduct of public affairs has been violated. Accordingly, this part of the communication is inadmissible under article 2 of the Optional Protocol.
The Human Rights Committee therefore decides: That the communication is inadmissible under articles 1 and 2, of the Optional Protocol;