C. Temporal Jurisdiction
Respondent's Objection
62. The Respondent submits that the Charter as well as any other treaty cannot be
applied retrospectively to situations and circumstances that occurred before its
entry into force. The Respondent cites Article 28 of the Vienna Convention on the
Law of Treaties of 1969 which provides that: "Unless a different intention appears
from the treaty or is otherwise established, its provisions do not bind a party to
any act or fact which took place or any situation which ceased to exist before the
date of entry into force of the treaty with respect to the party". The Respondent
further submits that it became a Party to the Charter on 10 February 1992, and
that it is from 10 February 1992 that the Respondent's obligations under the
Charter become enforceable. The Respondent adds that some of the Applicant's
allegations of violations relate to activities that occurred prior to the Respondent
ratifying the Charter and therefore the Court cannot adjudicate on those issues
but only on issues that occurred after 1992.
Applicant's Submission
63. The Applicant submits that it recognises the principle of non-retroactivity of
international treaties. The Applicant argues, however, that, it also relies on the
established principle of international human rights law, that the Respondent is liable
for violations which occurred prior to the ratification of the Charter, where the effects
of such violations have continued after its ratification , or where the Respondent either
continued the perpetration of the said violations, or did not remedy them, as is the
case with the Ogieks.
The Court's Assessment
64. The Court has held that the relevant dates concerning its temporal jurisdiction are
the dates when the Respondent became a Party to the Charter and the Protocol, as
well as, where applicable, the date of deposit of the declaration accepting the