regarded as an act of that State”.7 Moreover, the principle of “responsibility
of States for the breach of an international obligation” is recognized in
international law”.8
57. The Court further recalls Article 1 of the Charter, which states that “[t]he
Member States of the Organization of African Unity parties to the present
Charter shall recognize the rights, duties and freedoms enshrined in this
Chapter and shall undertake to adopt legislative or other measures to give
effect to them”.
58. The Respondent State is a party to the Charter and to the Protocol, as stated
in paragraph 2 of this Judgment. The procedure before this Court is
therefore consistent with the Respondent State’s obligations as a State
Party to the Charter and does not in any way infringe its national
sovereignty.
59. In light of the above, the Court dismisses the Respondent State’s objection
in these regards.
B. Other admissibility requirements
60. Under Article 6(2) of the Protocol, “The Court shall rule on the admissibility
of cases taking into account the provisions of Article 56 of the Charter”.
61. Rule 50(1) of the Rules9 reads: “The Court shall ascertain the admissibility
of an Application filed before it in accordance with Article 56 of the Charter,
Article 6(2) of the Protocol and these Rules”.
7 ICJ, LaGrand (Germany v. United States), 27 June 2001; and Difference relating to Immunity from
Legal Process of a Special Rapporteur of the Commission on Human Rights, Advisory Opinion, ICJ
Reports 1999 (I), P. 87, para. 62.
8 ECHR, Grand Chamber, IIascu and Others v. Moldova and Russia (Application no. 48787/99),
Judgment.
9 Rule 40 of the Rules of 2 June 2010.
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