B. Other aspects of jurisdiction
33. The Court notes that the Respondent State does not dispute its personal,
temporal and territorial jurisdiction. Nonetheless, in line with Rule 49(1) of
the Rules,13 the Court must satisfy itself that all aspects of its jurisdiction
are fulfilled before proceeding to consider the Application.
34. Having noted that there is nothing on the record to indicate otherwise, the
Court concludes that it has:
i.
Personal jurisdiction, in so far as the Respondent State is a party to
the Charter, the Protocol and has deposited the Declaration. In this
vein, the Court reiterates its position that the withdrawal of the
Declaration has no bearing on cases pending before it took effect.
Given that the present Application was already pending before the
withdrawal, the latter has no bearing thereon.14
ii.
Temporal jurisdiction given that the violations alleged in the present
Application occurred after the Respondent State became a party to
the Charter and the Protocol.
iii. Territorial jurisdiction considering that the violations alleged in the
Application occurred within the territory of the Respondent State.
35. In light of all of the above, the Court holds that it has jurisdiction to determine
the present Application.
13
Rule 39(1) of Rules of Court, 2 June 2010.
Cheusi v. Tanzania (judgment), supra, § 38. See also Ingabire Victoire Umuhoza v. Republic of
Rwanda (jurisdiction) (3 June 2016) 1 AfCLR 562, § 67.
14
10