Respondent State contends that this is also not a human rights instrument
since it does not specify any right relating thereto. Finally, it argues that
Article 60 of the Charter applies to the Commission and not the Court.
***
101. The Court confirms that whether a treaty is termed as a human rights
instrument is relevant only when, in a given case, the rights alleged to have
been violated are protected solely by that treaty. On the contrary, there is
no need for such a designation when the rights alleged to have been
violated are protected by other treaties which are manifestly and universally
recognized as human rights instruments.
102. The Court recalls that in its Application, the Applicant State accuses:
the Respondent State of being directly responsible for the violations of
human rights perpetrated by its armed forces in disregard of the
relevant provisions of the Charter, the Protocol, the Maputo Protocol
and the ICCPR, following acts of aggression and other unlawful and
continuous military activities it has been conducting in Congolese
territory since November 2021, in a manner that is incompatible, inter
alia, with the Charter of the United Nations, the Constitutive Act of the
African Union, the Pact on Security, Stability and Development in the
Great Lakes Region (Great Lakes Pact), and the Addis Ababa Peace,
Security and Cooperation Framework for the DRC and the Region
(Addis Ababa Framework Agreement) of 24 February 2013.
103. The Court further recalls that it has consistently held that although Rule
40(2) of the Rules provides that the Application shall specify the alleged
violation, there is no insistence with regard to formal indication in an
application of the instrument from which the provision of the alleged violation
is based. Therefore, the fact that an applicant references a declaration has
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