A/HRCRES//17/18
(c)
The Optional Protocol to the Convention on the involvement of children in armed
conflict.
2.
Where a communication is submitted on behalf of an individual or group of
individuals, this shall be with their consent unless the author can justify acting on their
behalf without such consent.
Article 6
Interim measures
1.
At any time after the receipt of a communication and before a determination on the
merits has been reached, the Committee may transmit to the State party concerned for its
urgent consideration a request that the State party take such interim measures as may be
necessary in exceptional circumstances to avoid possible irreparable damage to the victim
or victims of the alleged violations.
2.
Where the Committee exercises its discretion under paragraph 1 of the present
article, this does not imply a determination on admissibility or on the merits of the
communication.
Article 7
Admissibility
1.
The Committee shall consider a communication inadmissible when:
(a)
The communication is anonymous;
(b)
The communication is not in writing;
(c)
The communication constitutes an abuse of the right of submission of such
communications or is incompatible with the provisions of the Convention and/or the
Optional Protocols thereto;
(d)
The same matter has already been examined by the Committee or has been or is
being examined under another procedure of international investigation or settlement;
(e)
All available domestic remedies have not been exhausted. This shall not be the rule
where the application of the remedies is unreasonably prolonged or unlikely to bring
effective relief;
(f)
The communication is manifestly ill-founded or not sufficiently substantiated;
(g)
The facts that are the subject of the communication occurred prior to the entry into
force of the present Protocol for the State party concerned, unless those facts continued after
that date;
(h)
The communication is not submitted within one year after the exhaustion of
domestic remedies, except in cases where the author can demonstrate that it had not been
possible to submit the communication within that time limit.
Article 8
Transmission of the communication
1.
Unless the Committee considers a communication inadmissible without reference to
the State party concerned, the Committee shall bring any communication submitted to it
under the present Protocol confidentially to the attention of the State party concerned as
soon as possible.
4
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