should be understood in accordance with the jurisprudence of the ICJ, as
developed under Article 38 of the Statute of the ICJ1, which provides that
“[its] function is to decide […] such disputes as are submitted to it […]”.
73. It should be noted, from the outset, that although it is true that the Court may
draw inspiration from international jurisprudence, including that of the ICJ,
the European Court of Human Rights (ECHR) and the Inter-American Court
of Human Rights (IACHR), it nonetheless applies its own procedural texts,
namely, its Protocol and its Rules of Court. Consequently, the Court is not
bound by the statutes and procedural rules applicable before any of the
earlier mentioned courts.
74. The Court emphasises that, in line with its jurisprudence, it does not limit
itself to the definitions of the terms “cases” and “disputes” taken separately,
but contextually interprets Article 3 in accordance with the object and
purpose of the Protocol.
75. The words “all cases and disputes submitted to it” cover, without distinction,
all applications submitted to the Court to determine the responsibility of the
State concerned relating to alleged human rights violations, and where
necessary, to order appropriate reparations.
76. As the Court has consistently held, Article 3(1) of the Protocol gives it
jurisdiction whenever an applicant alleges violations of human rights
protected by the Charter, or by any other human rights instruments to which
1 Article 38 of the Statute of the ICJ provides as follows: 1. The Court, whose function is to decide in
accordance with international law such disputes as are submitted to it, shall apply:
a. international conventions, whether general or particular, establishing rules expressly recognized
by the contesting states;
b. international custom, as evidence of a general practice accepted as law;
c. the general principles of law recognized by civilized nations;
d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly
qualified publicists of the various nations, as subsidiary means for the determination of rules of
law.
2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the
parties agree thereto.
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