22. In reply, the Applicants submit that the objection should be dismissed,
arguing that sovereignty and adherence to international instruments are
subject to the fundamental principle of the supremacy of international law,
which requires that the provisions of international instruments ratified by a
State be adopted into its domestic legal system, so that they prevail over
any domestic laws that might be contrary, ambiguous or incomplete. The
Applicants conclude that the Charter must be adopted in the domestic legal
system of the Respondent State, thereby ensuring the pre-eminence of
international human rights standards in the domestic legal system.
23. The Applicants further affirm that sovereignty must not be a basis to evade
international obligations since the Respondent State is duty-bound to
respect and promote human rights.
24. The Applicants further contend that under the Vienna Convention on the
Law of Treaties, each State must perform its international obligations in
good faith. In this regard, they recall the maxim nemo ex propria turpitudine
commodum capere potest, to wit, no one may profit from his own
wrongdoing. The Applicants contend that invoking sovereignty was in itself
a flagrant violation of the international trust placed in the institutions of the
Respondent State, especially as the Respondent State’s 2014 Constitution
underscores the State’s obligation to respect human rights.
***
25. The Court notes that under Article 26 of the Vienna Convention on the Law
of Treaties “Every treaty in force is binding upon the parties to it and must
be performed by them in good faith”.4
26. The court notes, as indicated in paragraph 2 of this Judgment, that the
Respondent State has ratified the Charter and the Protocol. It also
4
This is a fundamental general principle of law, both in international law and in international human
rights law. The Respondent State became a Party to the Vienna Convention on the Law of Treaties on
23 June 1971.
7