Protocol. The Court further recalls that it has held that the withdrawal of a
Declaration does not have any retroactive effect and it also has no bearing
on matters pending prior to the filing of the instrument withdrawing the
Declaration, or new cases filed before the withdrawal takes effect.9 Since
any such withdrawal of the Declaration takes effect twelve (12) months after
the notice of withdrawal is deposited, the effective date for the Respondent
State’s withdrawal was 22 November 2020.10 This Application having been
filed before the Respondent State deposited its notice of withdrawal is thus
not affected by it. The Court therefore finds that it has personal jurisdiction
to examine the present Application.
38. As for its territorial jurisdiction, the Court notes that the violations alleged by
the Applicant happened within the territory of the Respondent State. In the
circumstances, the Court holds that it has territorial jurisdiction.
39. In light of all of the above, the Court holds that it has jurisdiction to determine
the present Application.
VI.
ADMISSIBILITY
40. Pursuant to Article 6(2) of the Protocol, “The Court shall rule on the
admissibility of cases taking into account the provisions of Article 56 of the
Charter”.
41. In line with Rule 50(1) of the Rules,11 “the Court shall ascertain the
admissibility of an Application filed before it in accordance with Article 56 of
the Charter, Article 6(2) of the Protocol and these Rules.”
42. The Court notes that Rule 50(2) of the Rules, which in substance restates
the provisions of Article 56 of the Charter, provides as follows:
9
Cheusi v. Tanzania (judgment), supra, §§ 35-39.
Ingabire Victoire Umuhoza v. United Republic of Rwanda (jurisdiction) (3 June 2016) 1 AfCLR 562, §
67.
11 Rule 40 of the Rules of Court, 2 June 2010.
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