The Court therefore share the noble objectives contained in the mandate of the
African Union and reflects the high adhesion of this Organization to the
principles of impunity for serious violations of human rights and the rights of victims.
However, the Court noted that the implementation of the mandate of the African
Union should follow the international practice which has become customary in such
situations courts to create ad 'hoc or special. The phrase ".. ..
jurisdiction " contained in this term means nothing other than the establishment of a
judicial ad 'hoc creation and powers find their low relief in the provisions of Article
15. 2 of the International Covenant on Civil and Political Rights and that Senegal is
responsible for proposing the principal forms and modalities of implementation of
such a structure.
Thus, any company in Senegal outside such a framework would violate, firstly,
the principle of non-retroactivity of criminal law, as enshrined in international human
rights as an inalienable right and other hand, would obstruct the principle of impunity
by the same dedicated international texts.
For these reasons
59. The Court:
Considering the revised ECOWAS Treaty of 24 July 1993
Considering the Universal Declaration of Human Rights of 10 December 1948
Considering the African Charter on Human and Peoples' Rights of 27 June 1981
Having regard to the International Covenant on Civil and Political Rights of 16
December 1966
Given the ECOWAS Supplementary Protocol on Democracy and Good
Governance,
Considering the Protocol of 1999 and the Additional Protocol of 2005
relating to the Court of Justice of the ECOWAS Community,