regardless of whether or not a Party is a sovereign State. The Coalition also
states that the Court should aim at ensuring observance of the right of any victim
to seek effective legal remedy in conformity with Article 7 of the Charter and the
"Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in
Africa 3 " adopted by the Commission.
VI.
48.
Decision of the Court
From the submissions of the Parties, three main issues emerge in relation to
the Respondent's withdrawal. First, whether the Respondent's withdrawal is
valid. Secondly, if it is valid, what are the applicable conditions for such a
withdrawal? Thirdly, what are the legal effects of the withdrawal? Before
considering these issues, the Court has to ascertain that it has jurisdiction to
deal with the issue of withdrawal.
A.
49.
Jurisdiction of the Court to deal with the withdrawal
Article 3(1) of the Protocol provides that: 'The jurisdiction of the Court shall
extend 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 the States concerned." (Emphasis added).
50.
Article 34(6) of the Protocol provides that at the time of the ratification of the
Protocol or anytime thereafter, the State Party shall make a declaration
accepting the competence of the Court. The provision continues by staling that
"The Court shall not receive any petition under Article 5(3) involving a State
Party which has not made such a declaration."
3
Adopted by the Commission at its 33rd Session in Niamey, Niger, 29 May 2003.
12