cases and disputes submitted to it concerning the interpretation and application of the Charter, the Protocol and any other relevant human rights instrument ratified by the States concerned. lt goes on to say that, although the facts giving rise to the complaint relate to human rights violations in Burundi, it was brought in the present case against the Respondent, an entitÿ which is not a State party to the Charterorthe Protocol. Finally, in its reasoning in § 16 of the judgment, the Court bases itself on a consideration of general applicable law. "The relationship between the Court and the Respondent is based on the complementaritÿ. Accordingly, the Court and the Respondent are autonomous partner institutions but work together to strengthen their partnership with a view to protecting human rights throughout the continent. Neither institution has the power to compel the other to take any action". The Court's application of general law reflects the complementarity between that law and the law that governs its substantive jurisdiction. 19.The same approach is found in the discussion on jurisdiction in lhe Zongo (2013)11 case. The Court states that. "Under Article 3(1) of the Protocol ... and A(icle 3(2) of the same Protocol, "in the event of a dispute as to whether the Court has jurisdiction, the Court shall decide .. ". lt goes on to slate, appropriately, that : "The Court goes on to note that the application of the principle of the nonretroactivitÿ of treaties, enshrined in Article 28 of the Vienna Convention on the Law of Treaties of 23 May '1969, is nol in contention between the Parties What is at issue here rs whether the various violations alleged by the Applicants would, if they had occurred, constitute "instantaneous" or "contrnuing" violations of Burkina Faso's international human rights obligations". 20.|t is apparent that the Court's reasoning does not focus strictly on the rules concerning its jurisdiction, but also extends it to the law applied by it. lr llenef it'iur ic.s ol lutc ,\'t»'hcrt /t»tgo. .1hùtulu.t'e ,\'ikienu dius .lhlusse. lirnast Ztntgt unl lllti:ia ^lClll'R. llfutu&t und thc hurkinûi .\htranant of llumun orl I'Loptes ' ,Îl.r3l,rs r'. lltkinu l"ustt. [)ccision on l'rcliminarr Ob.jcctions. 2 I Junc 2011. § 61. 62. 63. 7

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