270. In its Response, the Respondent State argues that the Applicant State has
entirely ignored this objection. In its opinion, this only confirms its overreliance on the mass media to establish its claims, since it repeatedly refers
to media sources in support of its allegations.
271. At the hearing, the Respondent State reiterated the content of its
submissions. It contended that the objection should be upheld insofar as the
Applicant State exclusively references media reports, some of which are
dubious.
272. The Respondent State further submitted that the documents from United
Nations bodies or the communiqués from regional bodies attached to the
Application dealt only with the general situation prevailing in the eastern part
of the Applicant State’s territory.
***
273. The Court observes that the expression “mass media” refers, especially, to
posters, cinema and the written or audiovisual press. It does not extend to
information from a governmental or intergovernmental sources.
274. The Court notes that in the present case, although it is true that the Applicant
State attached to its Application press releases and other media
publications, among other documents, the fact remains that they are only
intended to substantiate its allegations. Additionally, apart from these press
releases and media publications, the Applicant State attached various
documents to the Application, from a variety of sources, including the
African Union and the United Nations.38
275. In addition, the Court considers that these documents are only intended to
support the allegations contained in the Application. Additionally, the term
“exclusively” refers to Applications based solely on the mass media.
38 United Nations report.
62
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