added); the Arab and Portuguese versions of the said Paragraph 6 are identical to the English version.
12 See Article 6 (1) (Special jurisdiction) of the Cape Town draft (September 1995), Draft Protocol to the
African Charter on Human and Peoples' Rights on the establishment of an African Court on Human and
Peoples' Rights, Government Legal Experts Meeting on the establishment of an African Court on Human
and Peoples' Rights, 6-12 September 1995, Cape Town, South Africa, Doc. OAU/LEG/EXP/AFC/HPR/PRO
(1) Rev. 1, Article 6 (1), of the Nouakchott Draft (April 1997), Draft (Nouakchott) Protocol to the African
Charter on Human and Peoples' Rights, on the establishment of an African Court on Human and Peoples'
Rights, Second Government Legal Experts Meeting on the establishment of an African Court on Human
and Peoples' Rights, 11-14 April 1997, Nouakchott, Mauritania, Doc. OAU/LEG/EXP/AFCHPR/PROT (2),
paragraphs 21, 23, 24 and 25 of the Report of this Second Experts Meeting, Report - Second Government
Legal Experts Meeting on the establishment of an African Court on Human and Peoples' Rights, 11-14 April
1997, Nouakchott, Mauritania, Doc. OAU/EXP/JUR/CAFDHP/RAP (2), Article 34 (6) of the Addis Ababa
Draft (December 1997), Draft Protocol to the African Charter on Human and Peoples' Rights on the
establishment of an African Court on Human and Peoples' Rights, Third Government Experts Meeting
(including Diplomats) on the establishment of an African Court on Human and Peoples' Rights, 8/13
December 1997, Addis Ababa, Ethiopia, Doc. OAU/LEG/EXP/AFCHPR/PRO (111) and paragraph 35 of the
report of this Third Meeting of Experts, Report - Third Government Legal Experts Meeting including
Diplomats on the establishment of an African Court on Human and Peoples' Rights[[/i]], 8/11 December
1997, Addis Ababa, Ethiopia, Doc. OAU/LEG/EXP/AFCHPR/RPT (111), Rev. 1.
13 Such a possibility is for instance codified under Article 62, paragraph 3
× The jurisdiction of the Court shall comprise all cases concerning the interpretation and application of the
provisions of this Convention that are submitted to it, provided that the States Parties to the case recognize
or have recognized such jurisdiction, whether by special declaration pursuant to the preceding paragraphs,
or by a special agreement.
, of the American Convention on Human Rights as well as in Article 48
× 48 Advisory jurisdiction of the Court - The Court shall decide whether a request for an advisory
opinion submitted by the Committee of Ministers is within its competence as defined in Article 47.
of the European Convention on Human Rights before the Convention was amended by Protocol 11.
14 "Normally jurisdiction precedes seizure. [..] In some cases, however, the sequence may be reversed.
Such is the essence of the theory of forum prorogatum according to which the Court may have been
properly seized of an application whereas its jurisdiction may not have existed at the time the application
was filed and may only have been assumed subsequently because of the consent of the defendant",
Prosper Weil, op. cit., p 839. [Translation by the Registry]
15 "Forum prorogatum: Latin expression usually translated by the expression "prorogated jurisdiction".
Acceptance by a State of the jurisdiction of an international judicial body, such as the International Court of
Justice, after a matter has been referred thereto, either by an express declaration to that effect, or by a
decisive act implying tacit acceptance. The decisive acts may consist in effective participation in the
proceedings, either by pleading on the merits, or by making findings on the merits or any other act implying
lack of objection against any future decision on the merits. In the opinion of the International Court of
Justice, such conduct can be tantamount to tacit acceptance of its jurisdiction, which cannot subsequently
be revoked, by virtue of the bona fide or estoppel principle, Jean Salmon (Ed.). op. cit., p. 518. On this
doctrine, see Mohammed Bedjaoui & Fatsah Ouguergouz, "Le forum prorogatum devant la Cour
international de Justice: les resources d'une institution ou la face cachée, du consensualisme>> in African
Yearbook of International Law, 1998, Vol. V, pp 91-114.
16 See for example, "Treatment in Hungary of Aircraft and Crew of the United States of America", Order of
12 July 1954, I.C.J. Report 1954, p. 100 or "Aerial Incident of 7 October 1952", Order of 14 March 1956,
I.C.J. Report 1956, p. 10.
17 Personal jurisdiction of the European Court in matters of individual communications is indeed automatic;
the Court must therefore first deal with the issue of admissibility of applications and, in this respect, Article
53 of its Interim Rules, entitled "Proceedings before a Committee", provides in its paragraph 2 that "in
accordance with Article 28 of the Convention, the Committee may, unanimously, declare an application to
be inadmissible or strike it off the cause list, when such a decision can be made without any further
examination. The decision shall be final and shall be brought to the attention of the applicant by letter".
(emphasis added)
18 Expression used in the testimonium clause on page 17 of Senegal's written observations.
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