276. The Court, therefore, finds that the Application is not based exclusively on
news disseminated through the mass media.
277. Consequently, the Court dismisses the Respondent State’s objection.
iii. Objection alleging non-exhaustion of local remedies
278. The Respondent State argues that Rule 50(2)(e) of the Rules reflects the
traditional requirement of exhausting local remedies in international law.
279. In the instant Application, thit alleges that the Applicant State exhausted
neither the local remedies available under the rules of diplomatic
protection(a), nor the existing international and regional remedies (b). The
Court will examine each of the two limbs of the objection.
a. On the alleged non-exhaustion of local remedies available under the
rules of diplomatic protection
280. Referencing the ECHR’s judgment in Ukraine v. Russia (Crimea), the
Respondent State submits that there is a distinction between “genuine”
inter-State cases and cases in which “the Applicant State does no more than
denounce a violation or violations allegedly suffered by individuals whose
place, as it where, is taken by the State”.
281. The Respondent State argues that the present Application falls into the
second category since it relates to “diplomatic protection, where the rights
allegedly violated are those of peoples and individuals, and even though
none of these persons have been sufficiently identified, which deprives it of
its right to examine their grievances on the merits”.
282. The Respondent State maintains that it is incumbent on the Applicant State,
acting on behalf of alleged individual victims, to exhaust or attempt to
exhaust local remedies or to demonstrate that it is impossible for it to do so.
It argues, in line with the Commission’s position in Communication Legal
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