6 It also does not make much sen>e whe n read in light of its context and particul arly of Article 5 (3) and the second sentence of 34 (6) which states that "The Court shal l not receive any petition under Article 5 (3) invo lving a State Parr y which has not made such a declaration" . It can thus be said in conclus ion that the filing of the declaration is optional; this conc lusion IS corroborated by an analysis ofrh e "travaux preparatoires" of the Protocol. 12 27. The second question raised in Artkle 34 (6) is that of whe ther lhe filing of the opti onal declaration by States Parties is the only mea ns of expressing their recognition of the juris diction of the Court to dt:al with app lications brou ght against them by individuals. 28. In this regard, it should first be noted that Arricle 34 (6) does not require that the filin g of the optional declaration be done "before· · the filing of the application; it simply prov ides that the declaration may be made "at the time or rati flcation or any time thereafier". Nothing therefore prevents a State Party from mak ing the declaration "after'' an application has been introduced against iL In acco rdan ce v.ith Article 34 (4) or the Protocol, the declarat ion. just as ratification or accession. enters into forc e from the time of submission and take s effect from this date. Senegal was therefore free to mal.e such a declaration after the applicat ion was introduced. 29. If a Stnte can accept the jurisdiction of the Court by filing an optional declaration "at any time", nothing in the Protocol prevents it from granting its consent. after the intro duction or the application, in a manner other than thro ugh the optiona l declaration. 13 30. Therefore. the second sentence of Article 3-l (6) must not, as the first sentence, be interpreted literally. It must be read in ligh t of the object and purpose or the Protocol and, in particular, in light of Article 3 entitled '·J urisdiction'' oflh e Court. Indeed, Article 3 provides in general manner that: '·the jurisdiction of the Court shall extend 10 all cases and disputes submined to it''; it also provides that "in the event of dispute as to whether the Court has jurisdiction, the Court shall decide''. It tht:refore lies with the Court to determine in all sovereignty the conditions for the validity of its seizure; and do so only in the ligh t or the principle of consent. u See Article 6 ( 1) (Special jurisdiction) of the Cape Town drall (September 1995), Drafi Human and Peoples ' Rtghts on the estab ProwcoltfJ the ljnca n Chartrr on lishment of an Ajricun Court em Huma n and Peoples· Rtghts, Government Legal Experts Meeting on the: estoblishmem of an A fncan Coun on Human And Peoples' Rights, 6-12 September 1995, Cape Town, South Afnca, Doc. OAU/LEGfEXP /AfC/HI'RIPRO (I) Re' I, Aniclc: 6 (I), of the Nouakchott Draft (Apnl 1997). Draft (Nouakchrm) Protocol to the Afrtc an Chartt!r on /Iuman and Peoples ' Rtght s, on the t!J·mbllshmem ofWI ttfrican Cour on Hllman and People:o Rights, Seco t nd Government legal Expc:ns Mce11ng on the establishment of on African Court on Human ont.l Pcopl~s· Rights. 11-14 April 1997, Nouakchott. Mourltantn, Doc. OAUILEG/EXP/AFCIII'RIJ>ROT (2), pnragrophs 21 , 23, 24 and 25 of the Rcpo n of th1s Second Expt!fts Metting Report Seco nd Gowtrnment uga l E.:rperts Me!!tmg on lit<' I!Stabl/shmtml of an A.jric: an Courl on Human and Peoples Rtght J, 11-14 April 1997, Nou•tkchntt, Maur Doc OA UlliXI'/JU R/C/\FDHJ>/RAP (2), llllnia, Arttclt~ 34 (6) or the Addis Abab u Drnfl (December 1997), Draft Protocol Afnc an Cltar ttr on Human and Peoples to the · Rtghts on lltl! t!Siab/iy/Jment of t/11 Afric an Court on Human a"nd p,ople:o ' Right Thinl Government Experts M~:etln& (inclu s. ding DiplomatS) on tile e~tubtishment of an Afnc Rights, 8113 December 1997, Addis Abab u. Fthiopta, Uoo OAUILEG/CXPIAFCHPR an Coun un llumnn und Peoples' IPRO (Ill) and parugmph 35 of the report of this fhircl Mecung of Expc:ns, Report 77urd Governmem Legal £tpe m Meeting Including Dtplnmcw. on thl! establishment of em 11/rtcan Court 011 Human and Peopl11s Rtghts, 8! II Dece mber 1997, Add1s Ababa, Ethiopia, Doo. 0/\U/LEG/EXP/AFCHPRIRPT (Ill) . Rev. I. 11 Such u posst bi lity is lur ln11tunco: cu.J•f iod umlu1 AnJc le o2, parogroph 3, oJ the Ame n can Conve1111on un !Iuman R1gh ts as well ns in Article 48 of the European Conv ention on Hu ph ls be tore the Conventio n was amc:nded by Protocol II