8
second instrument which
IS
m fact a resolution of the United Nat ions
Gene ral Assembly.
3) Temporal jurisdiction
17. ln its written submissions, the Respondent did not raise any Pre li minary
objection to the temporal jurisdiction of the Court, other than that on the
Treaty establishing the East African Community. At the Public Hearing
of 15 June 2012, the Respondent however challenged the tempora l
jurisdiction of the Court as follows: "our contention w ith retrospectivity
is hinged only on the aspect of the Eleventh Constitutional Amendment
Act No. 34 of 1994, wbich was enacted before the Government of the
United Republic of Tanzania ratified the Protocol to the African Charter
establishing the African Court. The Court cannot adjudicate on matters
which transpired prior to Tanzania having ratifie d the instruments and
placing the United Republic of Tanzania under the jurisdiction oJ this
Court, hence the issue is rctro::;pectivc" (Public Hearing of 15 June 201 2,
Oral Hearing Verbatim Record, p. 27, lines
the Respondent
added as follows: "the intemational principle is that international treaties
are not retrospective.
I... 1 Thi s
princ iple is appl icable to the United
Republic of Tanzania with regard to Article 34 ( 6) of the Protoco l to the
African Charter establ ishing an African CoUI't" (Public Hearing of 15
June 20 l2 , Oral Hearing Verbatim Record, p. 27, lines 30-31 and p. 28,
lines 1-5).
18. At the same Public Hear ing, the
2m.l
Applicant for his part stated that:
"the violations that were al leged goes be fore the setting up of the Charter
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