#t: assumes. Former Judge ouguergouz (F.)25 is accustomed to recalling the liberal character of the ratione mateiae jurisdiction which states wished to give to the African court through Article 7 of the protocol on the Establishment of the African court, entitled "sources of law". lt is provided that "the court shall apply the provision of the Charter and any other relevant instruments ratified by the States concerned". 25.The dispute between the Government of Guatemala and the lnter-American commission over the emergency tribunals established in Guatemala is sufficient illustration of this problem. These courts functioned and sat secretly. The most macabre element of these courts was that they pronounced a series of death sentences, many were executed. The Government of Guatemala justified their legality by arguing that in ratifying the convention with a reservation to Article 4(+1za i, had done so with the intention of continuing to apply capital punishment for crimes of common law of a political nature. lt was necessary for the commission to use its power of interpretation to reject this reading and to seek the opinion of the court.27 The question is identical in this case of Rajabu and others. 26.The spirit of Article 4 of the African Charter is interpreted restrictively in that judgment. This limiting interpretation is reminiscent of Article g0 of the Rome Statute of the International Criminal Court (establishing the ICC) which states that " Nothing in this Part affects the application by States of penalties prescribed by their national law, nor the law of States which do not provide for penalties prescribed in this Part".28 As has been said, this approach is clearly internal. 2s Ouguergouz (F .), The African Court on Hunan and Peoples' Rights - Focus on the first Continental Judicial Bofo, 2006. pp. 213 -240.. Inter-American Convention on Human fughts (San Jos6, Costa Rica, 22 November 169), Article 4 entitled Right to Life 1. Every person has the right to have his life respected. This right shall be protected by law and, in general,-from the.moment of conception. No one shall be arbitrarily deprived ofhis life. (...) a. In no case shau capital punishment be inflicted for political offenses or related common crimes. 2r Report on the Situation of Human Rights in the Republic of Guatemala, OEA./Ser.L/II.6I, Doc. 47, Rev.1. October 1983, pp. 43 to 60. v. Cema Christina (M.), Inter-American Court on Human Rights- the first case, lfD{ 19g3. pp. A F DI, 26 300-3t2 28 However, according to arlicle 77 ofthe Statute on penalties "the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute: (a) lmpriionment for a specified number of 11