005072 31.The Court condition notes that Article for its entry ratification or accession concerned‘. ratification 34 of the into force. Protocol It only does requires? not make the signify its final will to be bound a of instruments of as far as the State is deposit for entry into force of the Protocol Ratification by the Respondent domestication State and the deposit of instruments of by the Protocol. Furthermore, having deposited the Declaration under Article 34(6) which expresses its commitment to the jurisdiction of this Court after ratification, the Respondent State cannot now claim that the non-domestication of the Protocol ousts the jurisdiction of this Court. 32. In any case, according to general international law, a State cannot invoke its domestic legislation to exempt itself from performing its treaty obligations as codified in Article 27 of the Vienna Convention on the Law of Treaties 1986.° The Court concurs with the International Court of Justice that Article 27 reflects “a well-established customary law’. Consequently, whether or not the Respondent State rule of has domesticated the Protocol, is immaterial as it remains bound by the provisions of the Protocol which it voluntarily ratified. 33. In light of the foregoing, the objection of the Respondent State is dismissed. ii. Objection that the Application does not raise human rights claims 34.The Respondent State contends that the Applicant's claims are not human rights- related and therefore cannot be considered by this Court. 35. The Applicant for his part submits that the allegations of the violations are based on provisions guaranteed under the Charter, as outlined above. 3 Article 34(3) Protocol. 4 This Protocol enters into force thirty (30) days after the deposit of fifteen instruments of ratification or accession.” ° Article 27 of the Convention stipulates that a State Party to a Treaty “cannot invoke the provisions of its domestic law to justify the non-execution of the Treaty...” © Matter of Pulp Mills (Argentina v. Uruguay) [2010] ICJ Rep, 20/4/2010, § 121.

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