IV
consideration of cases instituted against it before the Court takes a decision on
the matter (see paragraph 13 of the Order).
14.
Also on 3 March 2016, the Registrar received a letter from the Legal
Counsel of the African Union notifying him of the Respondent State’s
withdrawal of its optional declaration recognizing the compulsory juridisdiction
of the Court; the Legal Counsel deemed it necessary to specify that, if at all
valid, such a withdrawal would not affect consideration of cases already
instituted before the Court before 29 February 2016."
15.
Essentially, the aforementioned exchanges of correspondence show that:
1) The Court set a public hearing for 4 March 2016 for the purpose of hearing
the observations of the Parties on the preliminary objections and on the merits
of the matter;
2) Each Party, for different reasons, requested postponement of the date oi the
public hearing;
3)The Court received official notification of Rwanda’s withdrawal of its
declaration;
4) The Court decided not to accept the request for postponement of the public
hearing submitted by the Parties and maintained the hearing for the date initially
set.
16.
1 would now expatiate on the reasons as to why I regard the adoption of
this Order as not justified and even dangerous for the integrity of the judicial
function and authority of the Court.
17.
In its Response to the Application filed on 23
Respondent State raised objections of inadmissibility of
particular the non-exhaustion of local remedies) and made
merits of the case. It however did not raise any objection on
January 2015, the
the Application (in
submissions on the
lack of jurisdiction.
18.
On this score, it seems to me important to point out that, going by its
formulation, the request made by the Respondent State on 1 March 2016 (see
paragraph 10 of the Order) cannot in any way be perceived as preliminary
objection for lack of jurisdiction. The Respondent State indeed requested the
4 “The Office of the Legal Counsel (OLC), which performs depositary functions regarding all
treaties of the African Union on behalf of the Chairperson of the Commission, wishes to
advise that the withdrawal, if at all valid, does not affect the hearing of any applications
already filed with the Court before 29 February 2016”.