its Declaration. In this regard, the Court reiterates its position that
the withdrawal of the Declaration has no bearing on cases
pending before it took effect. Given that the present consolidated
Applications were already pending before the withdrawal, the
latter has no bearing thereon.8
ii.
Temporal jurisdiction insofar as the violations alleged in the
consolidated Applications occurred after the Respondent State
became a party to the Charter and the Protocol.
iii. Territorial jurisdiction insofar as the violations alleged in the
consolidated Applications occurred within the Respondent State’s
territory.
36. Accordingly, the Court holds that it has jurisdiction to examine the present
consolidated Applications.
VI.
ADMISSIBILITY
37. In accordance with Article 6(2) of the Protocol “The Court shall rule on the
admissibility of cases taking into account the provisions of article 56 of the
Charter”.
38. Pursuant to Rule 50(1) of the Rules, “[t]he Court shall ascertain the
admissibility of an Application filed before it in accordance with Article 56 of
the Charter, Article 6(2) of the Protocol and these Rules.”
39. According to Rule 50(2) of the Rules, which essentially restates Article 56
of the Charter:
8
Cheusi v. Tanzania, supra, §§ 35-39.
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