Original: French
45 . The Court recalls that , in its Order for Provisional Measures
dated 15 March 2013 , it had declared that it had prima facie
jurisdiction to examine the Application and consequently ordered
the provisional measures requested .
46. However, the Order for Provisional Measures issued by the Court
does not in any way prejudge its competence to examine the merits of
the case. The Court will now proceed to conduct an exhaustive
examination of its jurisdiction.
A. PERSONAL JURISDICTION
47. In the instant case , the Applicant is , as earlier indicated , the
African Commission on Human and Peoples ' Rights. Under Article
5
( 1)
of
the
Protocol ,
entities/institutions
entitled
the
to
Commission
submit
cases
1s
one
to
the
of
the
Court.
Consequently, the Court has personal jurisdiction v is-a-vis the
Applicant to hear the case .
48. As has also been indicated above , the Respondent in the
instant case is Libya , a State which ratified the Charter on 19
July 1986, and the Protocol on 19 November 2003 , both te xts of
which are in force with respect to Libya. According to A rt ic le 3( 1)
of the Protocol , "the jurisdiction of the Court shall e xtend to all
cases and disputes submitted to it concerning the interpretation
and application of the Charter, this Protocol and any other
relevant Human Rights instrument ratified by th e States
concerned" (italics added). Consequently , the Court has
personal jurisdiction , vis- a-vis the Respondent, to hear the
instant case .