PROCEDURE
Jurisdiction
Contentious cases
The Court determines its own jurisdiction
The Court’s jurisdiction is a question of law, which it has to determine on its own even if
none of the parties challenges its jurisdiction (Abubakari Mohamed v The United Republic of
Tanzania, Merits, Application 007/2013, 3 June 2016, para 32; African Commission on
Human and Peoples’ Rights v Libya, Merits, Application 002/2013, 3 June 2016, para 44).
The fact that the parties do not cite the relevant provisions does not preclude the Court from
exercising jurisdiction since ‘the Court shall rule according to the law and is in a position to
ground its jurisdiction on the appropriate provisions (Abubakari Mohamed v The United
Republic of Tanzania, Merits, Application 007/2013, 3 June 2016, para 32).