54. The Court recalls that as it has held in Ali ben Hassen ben Youcef ben
Abdlhafid v. Republic of Tunisia, notes that by ratifying international treaties
and covenants, States assume existing international obligations to protect
human rights, and therefore to subject themselves to oversight by
international human rights protection mechanisms established by the United
Nations and other regional systems, including the Court. The goal of these
mechanisms is to guarantee effective human rights protection and to
preserve human dignity, a noble goal that does not contradict or infringe the
sovereignty of States.5
55. With regard to the Respondent State’s contention that the jurisdiction of this
Court infringes on its sovereignty, the Court recalls the international
jurisprudence on contemporary international relations according to which
State sovereignty is not unlimited. Such illustration of limitation to
sovereignty is when a State voluntarily commits to certain international
obligations or when a State becomes a party to a bilateral or multilateral
treaty. In this regard, the Court recalls the 1923 Vapeur Wimbledon Decision
of the Permanent Court of International Justice, where the latter held that:
“[t]he Court declines to see in the conclusion of any Treaty by which a State
undertakes to perform or refrain from performing a particular act an
abandonment of its sovereignty. No doubt any convention creating an
obligation of this kind places a restriction upon the exercise of the sovereign
rights of the State, in the sense that it requires them to be exercised in a
certain way. But the right of entering into international engagements is an
attribute of State sovereigntye”.6
56. With regard to the Respondent State’s objection that it is not responsible for
decisions issued by its courts, this Court notes that the principle of the unity
of the State is well “established as a customary and well established rule of
international law”. Accordingly, “the conduct of any organ of a State must be
5 Abdelhafid v. Tunisia (jurisdiction and admissibility) (2021) 5 AfCLR 193, § 46.
6 CPJI, Vapeur Wimbledon, Germany v. France and others, Serie A, No 1, 25, 17 August 1923.
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