i.
Objections to material jurisdiction
30. The Respondent State raises three objections to the Court’s material
jurisdiction, namely: (a) the absence of a dispute; (b) the fact that the
Applicant State invokes texts that are not human rights instruments; and (c)
that the Applicant State invokes human rights instruments that Rwanda has
not ratified.
a. Objection to material jurisdiction based on the absence of a dispute
31. The Respondent State maintains that in inter-state matters, the Court’s
jurisdiction is predicated on the existence of a dispute within the meaning of
Article 3(1) of the Protocol. According to the Respondent State, this
provision is similar to Article 38(1) of the Statute of the International Court
of Justice (hereinafter referred to as the “ICJ”). In support of this contention,
it cites the ICJ ruling on preliminary objections in the matter of Application
of the International Convention on the Elimination of All Forms of Racial
Discrimination (Georgia v. Russian Federation).
32. In support of its argument, the Respondent State points out that the
Permanent Court of International Justice (hereinafter referred to as “PCIJ”)
and the ICJ declined jurisdiction respectively in the matter of Electricity
Company of Sofia and Bulgaria (Belgium v. Bulgaria) and Obligations
Relating to Negotiations Concerning Cessation of the Nuclear Arms Race
and Nuclear Disarmament (Marshall Islands v. India) involving issues of
peace and security, on the grounds that there was no dispute between the
parties at the time of filing the applications.
33. The Respondent State further contends that the existence of a dispute, at
the time of filing the Application, allows, first, for
verification that the
question submitted to the Court is capable of giving rise to the exercise of
its judicial function and, second, protecting the parties from unnecessary,
precipitous or insufficiently substantiated litigation.
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