Original: French
in the proceedings and its duty to deploy all efforts to protect the rights of
the parties and the interests of victims"14
51 The Court notes, in this regard, that when the Commission brings a
case before it pursuant to Article 5 (1) of the Protocol , the question as to
whether the Respondent must have made the declaration accepting the
competence of the Court as required under Article 34 (6) of the said
Protocol 15 , does not arise. As is clearly shown in that Article read jointly
with Article 5 (3) of the Protocol 16 , the requisite declaration of acceptance
of
competence
1s
applicable
only
where
individuals
and
non-
governmental organisations to bring cases before the Court.
52. In v1ew of the foregoing considerations, the Court 1s competent
ratione personae to hear the instant case.
B. MATERIAL JURISDICTION
53. With respect to the Court's material jurisdiction (ratione materiae) ,
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 ."
14
(ICC-0 1/ 11-01/11
Date
10
cpi.int/CourtRecords/CR2014_09999.PDF) para 32.
December
2014 )
(https://www.icc-
15
Article 34(6) of the Protocol provides that "At the time of ratification of this Protocol or any time
thereafter, the State shall make a declaration accepting the competence of the Court to receive cases
under Article 5(3) of this Protocol. The Court shall not receive any petition under Article 5(3) involving
a State Party which has not made such a declaration."
16
Article 5.3 of the Protocol stipulates that "The Court may entitle relevant Non-Governmental
organisations (NGOs) with observer status before the Commission , and individuals to institute cases
~
directly before it, in accordance with article 34 (6) of this Protocol".
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