V.
JURISDICTION
19. Article 3 of the Protocol provides that:
1. The jurisdiction of the Court shall extend to all cases and disputes
submitted to it concerning the interpretation and application of the
Charter, this Protocol and any other relevant human rights instrument
ratified by the States concerned.
2. In the event of a dispute as to whether the Court has jurisdiction, the
Court shall decide.
20. Furthermore, under Rule 49(1) of the Rules of Court, “[t]he Court shall
conduct a preliminary examination of its jurisdiction (…) in accordance with
the Charter, the Protocol and these Rules.”4
21. Based on the above provisions, the Court must, in each application,
ascertain its jurisdiction and rule on objections to its jurisdiction, if any.
22. In its Response to the request for provisional measures of 14 July 2022, the
Respondent State raises an objection to the personal jurisdiction of the
Court.
A. Objection to the personal jurisdiction of the Court
23. The Respondent State submits that the Court no longer has jurisdiction to
entertain
new
applications
from
individuals
or
non-governmental
organisations. It further submits that although the request for provisional
measures is based on an application submitted before the withdrawal of the
4
Rule 39(1) of the Rules of 2 June 2010.
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