provisions relating to similar declarations are of an optional nature. This is
demonstrated by the provisions
on recognition of the jurisdiction of
the
lnternational Court of Justice,4 the European Court of Human Rights5 and the
lnter-American Court of Human Rights", §§ 55 and 56.6.
the Court says that it is guided by the relevant rules governing
declarations of recognition of jurisdiction as well as by the principle of the
sovereigntÿ of States in international law, it is a recourse to Article 7 of the
33. However,
Protocol. ln that the latter article allows it to rely on any relevant human rights
instrument.
34.On its jurisdiction in the Armand GuehP1 case in 2016, the Court proceeds in
the same way. lt cites Article 3(1), but resorts to other texts. One wonders
whether the Court simply finds its jurisdiction in respect of interim measures or
whether it simply applies provisions outside the Charter to do
so.
lt says:
"Havrng regard to the particular circumstances of the case, which reveal a risk
that the death penalty might be imposed, thereby infringing the Applicant's rights
under Article 7 of the Charter and Article 14 of the lnternational Covenant on
Civil and Political Rights, the Court decides to exercrse its lurisdiction under
Article 27(2) of the Protocol", § 19.
35.The complementarity between these two Articles, which should be cited
together, is expressed. For in Article 3(1) the Court finds its jurisdiction without
difficulty and bases it on it, and in Article 7 the Court, by having recourse to
other texts, is also founded in law by virtue of the fact that its applicable law
authorizes it to do so. Accordingly, in the Actions for the Protection of Human
Righls (APDH) v. Republic of Côte d'lvoire2l judgment also delivered in 2016,
from § 42 to § 65, the Court sets out a reasoning for establishing its jurisdiction.
This can only be understood by reading the two articles, 3(1) and 7 together. ln
particular, it says that
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