involving individuals and non-governmental organisations. The cases must
concern allegations of human rights and the alleged violations must have
occurred in the State concerned after ratifying the Protocol, except where
the violations are ongoing”.
148. As for the procedure and conditions for filing a case, it notes that “territorial
jurisdiction requires the alleged violations to have occurred in the State
concerned”.
149. Lastly, the Respondent State submits that it has no understanding of the
Applicant State’s suggestion that a different approach to territorial
jurisdiction would enable the Court to recognise its jurisdiction over States
which are not parties to the Protocol and the Charter.
150. At the hearing, the Respondent State reiterated the content of its
submissions. It added that territory is the sole criterion for assessing
territorial jurisdiction, because it is only in this area that it could fulfil the
obligations arising from the treaties it had ratified. It emphasises that the
Applicant State, through the new parameter that it purports to establish,
seeks to involve the Court in matters relating to the use of force,
peacekeeping and security.
151. Lastly, the Respondent State points out that establishing territorial
jurisdiction on the basis of ratification of the Protocol creates confusion,
insofar as such ratification does not apply to personal jurisdiction..
152. The Respondent State thus submits that the Court cannot deviate from its
established jurisprudence and should accordingly decline jurisdiction
insofar as the facts occurred outside its territory.
***
153. The Court recalls that it emerges generally from its jurisprudence that in
most of the applications brought before it by individuals and NGOs with
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