137. Furthermore, in the Applicant State’s opinion, the Respondent State’s
assertion that the alleged violation of human rights must have been
committed on the territory of the Respondent State for the Court to have
territorial jurisdiction implies that if a State Party to the Charter, to the
Protocol and to other human rights instruments committed such violations
on the territory of another State Party, it would not be held responsible
before the Court.
138. The Applicant State asserts that in the instant case, the issue of
extraterritorial jurisdiction does not arise since the question for
determination is not that of the jurisdiction of the national courts of a State
beyond its borders but rather that of the Court, which is a human rights
protection body in Africa. According to the Applicant State, “the issue at
stake is not either that of the application of the Charter by the Court given
that the latter is not called to apply the said instrument on the territory of a
random State”.
139. The Applicant State argues that, in the instant case, it is praying the Court
to apply the Charter to alleged human rights violations committed by the
Respondent State on the territory of a State Party to this human rights
instrument.
140. The Applicant State further avers that the Court can only apply
extraterritorial jurisdiction if the alleged violations of human rights took place
on the territory of a State which is not a party to the Protocol or the Charter.
However, in such a situation, other conditions would have to be met,
particularly, the acceptance by the State concerned of the Court’s
jurisdiction, which is not the case here.
141. At the hearing, the Applicant State reiterated the content of its submissions.
It maintained, moreover, that no interpretation of Article 3 of the Protocol
could reasonably limit the Court's territorial jurisdiction solely to alleged
violations that took place on the territory of the Respondent State. It points
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