vi. Order the Respondent State to reimburse the Democratic Republic of
Congo all costs incurred in bringing and supporting the present case
before the Court.
24. For its part, the Respondent State prays the Court to declare that it lacks
jurisdiction to hear the case or, in the alternative, declare the Application
inadmissible.
V.
JURISDICTION
25. Article 3 of the Protocol provides that:
1.
The jurisdiction of the Court shall extend to all cases and disputes
submitted to it concerning the interpretation and application of the
Charter, this Protocol and any other relevant human rights
instruments ratified by the States concerned.
2.
In the event of a dispute as to whether the Court has jurisdiction,
the Court shall decide.
26. Furthermore, pursuant to Rule 49(1) of the Rules, “the Court shall conduct
preliminary examination of its jurisdiction … in accordance with the Charter,
the Protocol and these Rules”.
27. Based on the above-cited provisions, the Court must, in every application,
preliminarily, examine its jurisdiction and rule on objections thereto, if any.
28. The Court observes that the Respondent raises objections to its jurisdiction
on which the Court will rule (A) before examining the other aspects of its
jurisdiction, if necessary (B).
A. Objections to the jurisdiction of the Court
29. The Respondent raises objections to the material and territorial jurisdiction
of the Court, which the Court will examine successively.
8