85. The Applicant State further avers that, as regards the compatibility of an
application with the Constitutive Act, the Court held in Mohamed Abubakari
v. United Republic of Tanzania, that the Constitutive Act has the status of
“any other relevant human rights instrument.”
86. Regarding the Charter of the United Nations, the Applicant State argues that
if, in Franck David Omary and others v. United Republic of Tanzania, the
Court considered that Article 60 of the Charter authorized it to draw
inspiration from the said Charter, it was because the Charter is, in whole or
in part, a human rights instrument. On this point, it adds that the Charter of
the United Nations is part of “international law on human and peoples’
rights” and contains “express enunciations of human rights for the benefit of
individuals”.
87. The Applicant State underscores that this reasoning is applicable to the
other instruments whose application the Respondent State is seeking to
have set aside in the instant case.
88. Regarding the Respondent State’s argument that “the provisions of the
instruments in question to which it is seeking to make reference are those
concerning the use of force and the maintenance of international peace and
security”, it argues that there is an inseparable link between the said notions
and human rights, as the use of force by one State against another has a
negative impact on human rights. It argues, moreover, that the right to
peace and security is a human right.
89. According to the Applicant State, even if the said instruments are not human
rights instruments, the Court still has jurisdiction if the rights alleged to have
been violated are protected by the Charter, as it indicated in Bernard
Anbataayela Mornah v. Republic of Benin and Others, (Sahrawi Arab
Republic and Mauritius, intervening States) and Mohamed Abubakari v.
United Republic of Tanzania.
90. At the hearing, the Applicant State reiterated the content of its submissions.
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