19 The reference to Article 39 of the Rules in Paragraph 29 of the Judgment is not timely as this provision
concerns preliminary examination by the Court of its jurisdiction, i.e. a stage of the proceedings during
which it must ensure that it has at least prima facie jurisdiction to entertain an application. At the stage of
examining a preliminary objection for lack of jurisdiction, the Court must make a definitive ruling on its
jurisdiction.
20 On this issue, see for example Gérard Niyungeko, La preuve devant les jurisdictions internationales,
Editions Bruylant, Editions de l'Université de Bruxelles, Brussels, 2005 p. 55. Thus, according to the
International Court of Justice: "In accordance with its Statute and established jurisprudence, the Court
must, nonetheless, examine [i]proprio motu the issue of its own jurisdiction in order to entertain the request
of the Government of Greece", Aegean Continental Shelf, Judgment, ICJ Report I978, p. 7, paragraph 15.
With regard to practice at the Inter-American Court, see Ludovic Hennebel, La Convention américaine des
droits de l'homme - Mécanismes de protection et étendue des droits et libertés Bruylant, Brussels, 2007, p.
238, paragraph 277, or the practice of quasi-judicial organs such as the human Rights Committee for
example, see Ludovic Hennebel La jurisprudence du Comité des droits de I'homme des Nations Unies - Le
Pacte international relatif aux droits civils et politiques et son mécanisme de protection individuelle,
Bruylant, Brussels, 2007 p. 346.
21 As has been rightly emphasized by an author, registration of an application on the general list of a
judicial organ "is in essence a means of eliminating frivolous correspondence or other irrelevant
communications that cannot he considered as applications", Carlo Santulli. op.cit., p. 400.
22 Article 36, paragraph 4
× Such declarations shall be deposited with the Secretary-General of the United Nations, who shall transmit
copies thereof to the parties to the Statute and to the Registrar of the Court.
.
23 Article 62 paragraph 2
× Such declaration may be made unconditionally, on the condition of reciprocity, for a specified period, or
for specific cases. It shall be presented to the Secretary General of the Organization, who shall transmit
copies thereof to the other member states of the Organization and to the Secretary of the Court.
.
8