The Human Rights Committee was established in accordance with article 28 of the Covenant. It consists of 18 members, who must be citizens of the States participating in the Covenant. Members of the Committee, as in the case of other treaty bodies, are also often referred to as "experts". According to article 28 of the Covenant, the members of the Committee must be persons "of high moral character and recognized competence in the field of human rights", and "the usefulness of the participation of several persons with legal experience is taken into account". Each member of the Committee is a national of the nominating State party.
The majority of the Committee members (past and present) are lawyers who previously worked in the courts as practitioners or engaged in scientific activities.
In accordance with article 31, the Committee "may not include more than one citizen of the same State".
At the same time, "the equitable geographical distribution of members and the representation of various forms of civilization and the main legal systems are taken into account." It is these principles, enshrined in the Covenant, that guide States parties when they nominate candidates for members of the Committee and when they are elected by secret ballot for a four-year term. The election of half of the members of the Committee is held every two years at United Nations Headquarters during the annual session of the General Assembly. The members of the Committees may be re-elected if their candidacy is re-submitted after the expiration of their term of office. If a member of the Committee leaves his post prematurely, for example due to death or resignation, by-elections are held. However, there is a practice in which such members of the Committee are replaced by persons nominated by the same State party, as in the case of a retiring member of the Committee. After the elections, Committee members also maintain contacts with States parties and engage in dialogue on common issues of mutual interest through meetings with States parties, which are regularly scheduled by the Committee during its sessions.