which came into force on the same date, as well as from its Rules adopted
on 3rd June 2002. (see §76)
131. Therefore, the 2005 Additional Protocol, while conferring jurisdiction
on the Court of Justice in matters of human rights, did not establish
anything as to the possibility of its retroactive application.
132. Thus, following the principle of non-retroactivity of the Treaties,
arising from article 28 of the VIENNA CONVENTION ON THE LAW OF
TREATIES mentioned above, the jurisdiction of this Court in matters of
human rights is limited to facts that occurred after January 19, 2005, the
date of its provisional entry into force.
133. On the other hand, the notion of “instantaneous” or “continuous” acts
of violations is established in Article 14 of the Draft articles on
Responsibility of States for Internationally Wrongful Acts adopted in
2001, which provides that: “(1)The violation of an obligation by an act
of a State that is not continuous occurs at the time the act is performed,
even if its effects persist. (2). The violation of an international obligation
by an act of a State that is continuous in nature extends for the entire
period during which the act continues and remains in violation of the
international obligation. (3). The violation of an international obligation
requiring the state to prevent a certain event will take place at the moment
that event begins and extends throughout the period during which the
event continues and remains in contravention of that obligation.”
134. As the African Court found, in the case cited above, “in its
commentary on this Article, the Commission stated that an act does not
have a continuing character merely because its effects or consequences
extend in time. It must be wrongful act as such which continues.” (See
§66).
135. Therefore, in light of these observations, to determine its ratione
temporis jurisdiction, it is for the Court to examine the alleged violations
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