005072
31.The
Court
condition
notes
that Article
for its entry
ratification or accession
concerned‘.
ratification
34 of the
into force.
Protocol
It only
does
requires?
not make
the
signify its final will to be
bound
a
of instruments
of
as far as the State
is
deposit
for entry into force of the Protocol
Ratification by the Respondent
domestication
State and the deposit of instruments of
by the
Protocol.
Furthermore,
having
deposited the Declaration under Article 34(6) which expresses its commitment to the
jurisdiction of this Court after ratification, the Respondent State cannot now claim that
the non-domestication of the Protocol ousts the jurisdiction of this Court.
32. In any case, according to general international law, a State cannot invoke its domestic
legislation to exempt itself from performing its treaty obligations as codified in Article
27 of the Vienna Convention on the Law of Treaties 1986.° The Court concurs with
the International Court of Justice that Article 27 reflects “a well-established
customary
law’.
Consequently,
whether
or
not
the
Respondent
State
rule of
has
domesticated the Protocol, is immaterial as it remains bound by the provisions of the
Protocol which it voluntarily ratified.
33. In light of the foregoing, the objection of the Respondent State is dismissed.
ii. Objection that the Application does not raise human rights claims
34.The
Respondent
State contends that the Applicant's claims are not human
rights-
related and therefore cannot be considered by this Court.
35. The Applicant for his part submits that the allegations of the violations are based on
provisions guaranteed
under the Charter, as outlined above.
3 Article 34(3) Protocol.
4 This Protocol enters into force thirty (30) days after the deposit of fifteen instruments of ratification or
accession.”
° Article 27 of the Convention stipulates that a State Party to a Treaty “cannot invoke the provisions of its
domestic law to justify the non-execution of the Treaty...”
© Matter of Pulp Mills (Argentina v. Uruguay) [2010] ICJ Rep, 20/4/2010, § 121.