127. The objection is therefore dismissed.
128. In view of the foregoing, the Court dismisses the Respondent State’s
objection to its material jurisdiction, and declares that it has material
jurisdiction to hear this case.
ii. Objection to the Court’s territorial jurisdiction
129. Referring to Article 2 of the ICCPR and the Court’s jurisprudence, the
Respondent State contends that the Court only has jurisdiction if the alleged
violations took place on the territory of the State in question. In this case,
however, the Respondent State submits that the events alleged by the
Applicant State to be the subject of the Application, did not take place on its
territory.
130. The Respondent State recognises, however, that human rights bodies
“have accepted extraterritorial jurisdiction”: (i) based on specific provisions
and wording of the relevant treaties; (ii) in exceptional cases; and (iii)
“reluctantly”, in situations of armed conflict outside the territory of the State
concerned, where the latter is involved. To this end, it cites Article 1 of the
European Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as “the European Convention on Human
Rights”), which refers to jurisdiction and not territory, and the case law of
the European Court of Human Rights (hereinafter referred to as “the
ECHR”).
131. The Respondent State holds that the Charter and the Protocol do not
contain a similar provision and, therefore, considers that it is proper for the
Court to limit its jurisdiction to events occurring in the territory of the State
concerned. In addition, it argues that the Applicant State fails to prove the
existence of exceptional criteria enabling the Court to reverse its
jurisprudence by declaring that it has jurisdiction based on extraterritoriality.
32