31.1n its Abubakarils judgment, the Court emphasizes
"28. More generally, the Court would only act as an appellate court if, inter alia,
it applied to the case the same law as the Tanzanian national courts, i.e,
Tanzanian law. However, this is certainly not the case in the cases before
it,
since by definition it applies exclusively. in the words of Article 7 of the Prolocol,
"the provisions of the Charter and any other relevant human rights instruments
ratified by the State concerned".
ln the following paragraph, it concludes
"On the basis of the foregoing considerations, the Court concludes that it has
jurisdiction to examine whether the treatment of the case by the Tanzanian
domestic courts has been in conformity with the requirements laid down
in
particular by the Charter and any other applicable international human rights
instruments Accordingly, the Court rejects the objection raised in this regard by
the Respondent State".
32.|n the 2016 case, lngabire Victoire Umuhoza v. Republic of Rwandale, the Court
states, once again, without citing Article 7, that
:
"As regards the application of the Vienna Convention to the present case, the
Court observes that while the declaration made under Article 3a(6) emanates
from the Protocol, which is governed by the law of treaties, the declaration itself
is a unilateral act which is not governed by the law of treaties. Accordingly, the
Court concludes that the Vienna Convention does not apply directly to the
declaration, but may be applied by analogy, and the Court may draw on it if
necessary. (...) ln determining whether the withdrawal of the Respondent's
declaration is valid, the Court will be 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. With regard to the rules governing the
recognition of jurisdiction of international courts, the Court notes that the
llt runel ..lhuhttkuri v. 1..'nitad llepuhlic' ol 'l'ut:tLnrrr. i Junc 2016. §ss l8 anrl 19.
l" ^fCIIPR.
AICIIPR, lngubire I ictoirt (,'tnuhtru v llapuhlic'tl Rxuntltt. [)ccision on thc Withdrarval ol'thù I)cclaration
lE
5 Scptcrnbcr 20 l6
11