32. 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.
33. The Court also holds that it has territorial jurisdiction given that the alleged
violations occurred in the Respondent State’s territory.
34. In light of the foregoing, the Court holds that it has jurisdiction to hear this
application.
VI.
ADMISSIBILITY
35. Article 6(2) of the Protocol provides: “the Court shall rule on the admissibility
of cases taking into account the provisions of Article 56 of the Charter.”
36. Pursuant to Rule 50(1) of the Rules, “[t]he Court shall ascertain the
admissibility of an application filed before it in accordance with Article 56 of
the Charter, Article 6(2) of the Protocol and these Rules.”
37. Rule 50(2) of the Rules, which in substance restates the provisions of Article
56 of the Charter, provides as follows:
Applications filed before the Court shall comply with all of the following
conditions:
a.
Indicate their authors even if the latter request anonymity;
b.
Are compatible with the Constitutive Act of the African Union and
with the Charter;
9