passing’ and which « qualifies an argument which does not fall within the ambit of ratio decidendi, which is not invoked to make a decision»*. It is an argument which is not strictly necessary to justify the decision of the judge. In the instant case however, these parts want to express a decisive and compulsory interpretation of the Article and Rule concerned. 9. Furthermore, in any case, the Court does not have to, without cause, exercise incidentally its mandate of interpreting human rights legal instruments. The Court is charged with the interpretation of human rights legal instruments both in contentious matters (article 3 of the Protocol) and in advisory matters (Article 4 of the Protocol). It is a mandate which it has to carry out primarily and autonomously within the framework of its dual jurisdiction and in respect of laid down procedure, not just in passing, and not at the sidelines of the interpretation of the operative provisions of a judgment. It is also a mandate which it has to discharge in a proper manner, that is, by applying notably, the rules of interpretation of international treaties, as provided under Articles 31 to 33 of the Vienna Convention on the Law of Treaties of 23 May 1969, In the instant case, by giving a hasty and incidental interpretation of Article 28(1) of the Protocol, the Court took the risk of giving an incomplete interpretation of this article, without paying adequate attention to the abovementioned provisions of the Vienna Convention on the Law of Treaties. 10. Lastly, if it was the intention of the Court to provide an advisory opinion, it is evident, under Article 4 of the Protocol, that it does not have jurisdiction to do so when the request is made by an individual. the ? Lexique des termes juridiques 2014, Serge GUINCHARD et al. ed. , 21° éd., 2013, p. 635. According to Black's Law Dictionary, obiter dictum, is « [a] judicial comment made while delivering a judicial opinion, but one that is unnecessary to the decision in the case and therefore not precedential (although it may be considered persuasive)” (Bryan A. GARNER, ed., 9" ed. , 2009, p. 1177). NE er