B. Other aspects of jurisdiction
22. The Court notes that there is no contention regarding its personal, temporal
or territorial jurisdiction. Nevertheless, it must satisfy itself that these
aspects have been met.
23. The Court notes, with respect to its personal jurisdiction that, as earlier
stated in paragraph 2 of this Judgment, the Respondent State is a party to
the Protocol and on 29 March 2010, it deposited with the African Union
Commission, the Declaration made under Article 34(6) of the Protocol.
Subsequently, on 21 November 2019, it deposited an instrument
withdrawing its Declaration.
24. The Court recalls its jurisprudence that, the withdrawal of a Declaration
does not apply retroactively and only takes effect one (1) year after the date
of deposit of the notice of such withdrawal, in this case, on 22 November
2020.5 This application, having been filed before the Respondent State
deposited its notice of withdrawal, is thus not affected by it. Consequently,
the Court finds that it has personal jurisdiction.
25. With regard to temporal jurisdiction, the Court notes that the alleged
violations occurred after the Respondent State became a party to the
Charter and the Protocol and, had deposited the Declaration required under
Article 34(6) of the Protocol. It therefore finds that its temporal jurisdiction
has been satisfied.
26. The Court also notes that it has territorial jurisdiction given that the alleged
violations occurred in the Respondent State’s territory.
27. In light of the foregoing, the Court holds that it has jurisdiction to hear this
application.
5
Cheusi v. Tanzania (merits), supra, §§ 37-39.
7