Inter-State Communications under the International Convention on the Elimination of All Forms of Racial Discrimination : Focusing on the Decisions of the Committee on the Elimination of Racial Discrimination in Palestine v. Israel

This article examines the inter-state communications procedure under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). Considering its difference from inter-state communications procedures under other UN human rights treaties, the ICERD’s inter-state communications procedure is designed as a means of collective enforcement. The procedure was invoked in April 2018 when the State of Palestine submitted an inter-state communication to the Committee on the Elimination of Racial Discrimination (Committee) against Israel. On 12 December 2019, the Committee decided that it had jurisdiction concerning the communication. On 30 April 2021, the Committee decided that the communication was admissible. These two decisions demonstrate that the procedure (1) is well-suited for addressing systemic and structural racial discrimination, (2) strengthens collective enforcement of human rights, and (3) has the potential to clarify the meaning of ICERD’s substantive provisions. These characteristics become more apparent when compared to other implementation mechanisms under the ICERD, such as periodic reviews, individual communications, and early warnings and urgent actions. Ultimately, these decisions affirm that the inter-state communications procedure can play a crucial role in reinforcing the implementation of the ICERD.