4
or the International Court of Justice. for example 7, undergo
a process or \ertmg prior to being
regi stered or served on the States against which they were institu
ted.
16.
In this case, the application did not go through th is initial proce
dural phase of veiling.
It was trea ted in the same way as the applications
brought before the International Court of
Justice before 0 l July 1978. date of entry into force of its
new Rules". Prior to that date, all
cases brought before the Court, including those in!>1ituted again
st States that had not previously
accepted the Court's jurisdiction by making the optiomll decla
rati on accepting the compulsory
jurisdiction provided for in Article 36 (2) of the Statute, were
indeed placed on the general list
and served on the States against which they were institu
ted. and on the United Nations
Secretary General and, through him, on all the other members
of the Organization.
17.
As indicated in the foregoing paragraph 13, procedural acts
similar to the aforesaid
were undertaken io connection with Mr. Yogogombayc's
application; this was, inrer alia,
served on Senegal under covering letter datl!d 5 Jl:lnuary 2009
18.
Senegal acknowledged recei pt thereo f by letter dated I0
February 2009 in which it
also transmined the names of those to represent it before the
Court. At thar stage, Senegal could
have lim ited itself to indicating that it had not made the decla
ration provided for in Article 34
(6) of the Protocol and that, consequenlly, the Court had
no jurisdiction to deal with the
application on the grounds of the provisions of Article 5
(3) of the Protocol. However, by
notifYing the Court of the names of its represcntati vt!s, it gave
room for the suggestion that it
did not exclude appearing before the Collli and of participatin
g in its proceedings, with doubts
as to the objec t of 1ts participation: to conte st the Cour rs jurisd
iction, contest the admissibility
of the app lication or to defenJ itc;elf on the ml!rits of the case.
19.
By a second letter dated 17 February 2009, Senegal reque sted
the Court to extend the
time limit for submission or its observations to "enable
it to berter prepare a reply to the
application" By so doing, Senegal signaled its intention to
comply with the provi sions ofRu le
37 of the Rules according to which "the State Party again st
which un application has been tiled
shall respond thereto with in sixty (60) days provided that
the Co ur~ may, if the need arises,
grant an e>.tension of time•·. Even in this lener, Seneg
al did not exclude the eventual
acceptance of the Court's jurisdiction. Still at this stage, it
could have put up the argument that
it has not made the declaration provided for in Article 34
(6) of the Protocol and, on that
ground, contested the jurisdiction of the Court.
' 1L should be mentioned that the: ref.:rence to the pracuce of
the European Court of Human R1gh1S and the lnter-Amcncan
Coun of Human R1gh1S IS nf limlled mterest in this regard,
given thm the question of person:ll jLmsd1ct1on is posed in
dd"rerent terms before th.:se two Courts. In the tnll:r-Americnn
Court, indiVldunls hav1ng no d1rect access to the Coun the:
question ol personal JUiisdicuon mdeed arises only m regard
10 State Pan1es; m the Eurnp.:an Court where
1ndlv1duals hove
direct access to the Court. n hus au tom nth: jurisdiction solely
on
CouOCII or Europe 10 the European Convention on Hum !In Rights. the: ~round of the pnrt11ap111ion oJ the member Stutes of the
1
Ruh: 3!!. paragraph 5, of the curn:nt Rules of Procc:d
ure of the: International Coun of Jusuce states that: ··When
the
Applicant Stale propuscs to found th e JUrlsdlcllon of the
Cnur upon u consent thereto ye t to be given or mani festc:d by
the:
Swte agtunst wh1ch such uppllc:uion is mod~. the: npphca
uon shall be transmined ,,, 1ha1 <:;1u1e ll....ahAll1tm hm~gyq
11n1sred 111 thL Os;uern l I-''Sl. nor uoy dlt!l!ln
r he
bs: mkc:n m !he proceedmgs. unle~> and until the State ngamSJ
which such
apghcation is mode consents to !he Couo's Jurisdic tion for the
oumoses of the case'"(emphasls added)