*
91. In its Response, the Respondent State argues that it is essential in the
instant case, as the Court held in Anaclet Paulo v. United Republic of
Tanzania, that the subject matter of the Application relate to rights protected
by the Charter or any other relevant human rights instrument ratified by the
State concerned. In its view, Article 3(1) of the Protocol and the Court’s
jurisprudence is consistent and clear on this point.
92. Citing the Court’s judgment in Actions pour la Protection des Droits de
l'Homme (APDH) v. République de Côte d'Ivoire, the Respondent State
emphasises that the relevant criteria for determining whether a treaty is a
human rights instrument is that it must expressly enunciate subjective rights
accruing to individuals or groups of individuals and impose mandatory
obligations on State Parties for consequent enjoyment of such rights.
93. In its view, the first criterion, that is, express enunciation of the subjective
rights of individuals or groups of individuals, requires actual express
enunciation (by the relevant instrument) of the specific rights that individuals
should enjoy, noting that it is not the case for the instruments listed in
paragraph 79 of this Ruling.
94. Regarding the second condition relating to mandatory obligations on
imposed on States Parties, the Respondent State contends that in the
APDH v. Côte d’Ivoire judgment, the Court held that a treaty need not
provide for mandatory obligations on States. Rather, it makes reference to
“the prescription of obligations on States for meaningful enjoyment of
human rights”.
95. As regards the Charter of the United Nations, the Respondent State agrees
that while the Court may draw inspiration therefrom, the mere fact that the
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