1986, the Protocol on 10 February 2006 and had deposited the Declaration
under Article 34(6) of the Protocol on 29 March 2010.
27. Consequently, the Court dismisses the objection to its temporal jurisdiction
and holds that it has temporal jurisdiction.
C. Other aspects of jurisdiction
28. The Court notes that there is no contention regarding its personal or
territorial jurisdiction. Even so, it must satisfy itself that these aspects have
been met.
29. The Court notes, with respect to its personal jurisdiction that, as earlier
stated in paragraph 2 of this Judgment, the Respondent State is a party to
the Protocol and on 29 March 2010, it deposited with the African Union
Commission, the Declaration made under Article 34(6) of the Protocol.
Subsequently, on 21 November 2019, it deposited an instrument
withdrawing its Declaration.
30. The Court recalls its jurisprudence that, the withdrawal of a Declaration does
not apply retroactively and only takes effect one (1) year after the date of
deposit of the notice of such withdrawal, in this case, on 22 November 2020.
This Application having been filed before the Respondent State deposited
its notice of withdrawal, is thus not affected by it. Consequently, the Court
finds that it has personal jurisdiction.
31. The Court also notes that it has territorial jurisdiction given that the alleged
violations occurred in the Respondent State’s territory.
32. In light of the foregoing, the Court holds that it has jurisdiction to hear this
Application.
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