allegations of human rights violations. The Court will rule on this objection
before examining the other aspects of its jurisdiction, if necessary.
A. Objection to the Court’s material jurisdiction
26. The Respondent State contends that, in accordance with Articles 3 and 26
of the Protocol, the Court’s jurisdiction is limited primarily to taking
measures to put an end to and prevent violations committed against African
citizens, and to deter governments and their systems, thereby safeguarding
the rights of African citizens enshrined in international covenants, foremost
among which are the Charter and its Protocol establishing the Court.
27. The Respondent State avers that, in accordance with the Charter, the rights
involved may be grouped into four limbs, namely the right to liberty, the right
to equality, the right to justice and the right to dignity. It is the Respondent
State’s contention that the concept of human rights violation should be
understood as depriving individuals of their fundamental rights and,
possibly, treating them as if they were less than human and undeserving of
life and dignity, including genocide, torture, starvation and slavery. The
concept also refers, according to the Respondent State, to the violation of
economic, social and cultural rights when the State does not respect its
obligations to ensure the enjoyment of these rights without discrimination,
such as failing to guarantee the right to work in order to ensure a decent
life.
28. The Respondent State further submits that the Applicant’s complaints
against one Al-Fadil bin Al-Amin Al-Obeidi cannot be regarded as a
violation of human rights for which it is responsible. According to the
Respondent State, the Applicant does not prove a violation of his rights.
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