296. The Applicant State cites the United Nations International Law
Commission’s Draft Articles on Diplomatic Protection, which states that
“[t]he individual has rights under international law but remedies are few.
Diplomatic protection exercised by a State at the inter-State level remains
an important remedy for the protection of persons whose human rights have
been violated abroad”.
297. The Applicant State also indicated that the Commission did not consider
Communication 227/99 - DRC v. Burundi, Rwanda and Uganda brought
before it from the point of view of diplomatic protection, given the nature of
human rights litigation.
298. According to the Applicant State, a state can only exercise diplomatic
protection when it has established a direct link of nationality with the
individual benefiting from such protection. However, in regional human
rights protection systems, it is not necessary to prove the nationality of the
individual whose rights are being defended.
299. In the same vein, the Applicant State adds that diplomatic protection has
always been considered as a procedure that the State exercises for itself,
which justifies its right to bring or not to bring an action, its status as a litigant
and that of indirect victim. It is also submitted that in the African human rights
protection system, however, the status of victim, even indirectly, is not
required of an applicant, as the Court recalled in its judgment of 4 December
2020 in the matter of Sébastien Germain Marie Aïkoué Ajavon v. Republic
of Benin.
300. At the hearing, the Applicant State reiterated the content of its submissions.
It argued, moreover, that it does not seek to exercise diplomatic protection
in the present proceedings. It added that, in any event, the nature and
gravity of the alleged violations makes the rule of exhaustion of local
remedies inapplicable.
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