132. The Respondent State argues that the conditions for the exercise of a
state’s extraterritorial jurisdiction are not met in respect of the alleged
military operations that the Court is prayed to examine, particularly during
the active phase of hostilities in an international armed conflict.
133. The Respondent State submits, in conclusion, that the Court lacks territorial
jurisdiction in the instant case.
*
134. In its Response, the Applicant State submits that the objection should be
dismissed, arguing that the Court’s territorial jurisdiction is established if the
events took place on the territory of a State Party to the Protocol, to the
Charter and to any other relevant human rights instrument applicable before
the Court. In its view, the Court has affirmed this approach in several
judgments, including Leon Mugesera v. Republic of Rwanda, Ingabire
Victoire Umuhoza v. Republic of Rwanda, and Rutabingwa Chrysanthe v.
Republic of Rwanda.
135. The Applicant State avers that, in the instant case, the criterion to be
considered is not the status of the Respondent State, but rather the status
of the State Party to the relevant instruments, which confers jurisdiction on
the Court, provided that the events took place on the territory of one of the
State Parties to the said instruments. In its view, this is a general principle
of international law.
136. The Applicant State submits that the Respondent State deliberately
confuses the criterion for determining territorial jurisdiction, which is a matter
of form, with that for determining its responsibility for serious, massive and
repeated violations of human rights committed on the territory of the
Applicant State, which is a matter of substance. The Applicant State
contends that, at this stage, it is not seeking to demonstrate the
responsibility of the Respondent State. For the Court’s territorial jurisdiction
to be established, it must be proven that the acts were committed on the
territory of a State Party to the Protocol and the Charter.
33