satisfy itself that all aspects of its jurisdiction are met before proceeding to
examine the Application.
22. Having noted that nothing on record indicates that it lacks jurisdiction, the Court
considers that it has:
i.
material jurisdiction, as the Applicant alleges violation of the rights
protected by the Charter, the UDHR and the ICCPR8, international
human rights instruments to which the Respondent State is a
Party.
ii.
personal jurisdiction, as the Respondent State deposited the
Declaration. On 29 April 2020, the Respondent State deposited
with the Chairperson of the African Union Commission an
instrument of withdrawal of its Declaration. The Court has ruled
that the withdrawal of the Declaration has no bearing on pending
cases, or on new cases filed one (1) year before the relevant
instrument takes effect, in the present case, on 30 April 2021.9 The
withdrawal therefore has no bearing on the present Application,
which was filed on 22 July 2019.
iii. Temporal jurisdiction, as the alleged violations were committed
after the Respondent State became a Party to the Protocol.
iv. Territorial jurisdiction, as the facts of the case occurred in the
territory of the Respondent State.
23. In view of the foregoing, the Court holds that it has jurisdiction to hear the
present Application.
8
The Respondent State became a party to the International Covenant on Civil and Political Rights on 26
March 1992.
9 Suy Bi Gohoré Émile and others v. Republic of Côte d’Ivoire (merits and reparations) (15 July 2020) 4
AfCLR 406, § 2.
8