Original : French
itself to praying the Court to issue provisional measures against the Respondent.
That is a reasonable period of time.
72. The Court therefore notes that the condition set forth in Article 40 (6)
of the Rules has been met.
73. It follows from the aforesaid, that all the admissibility conditions set
forth in Rule 40 of the Rules of Court have been met.
74 . Having ruled that it is competent to hear the case and
decla red
the
Appl ication
admissible ,
the
Court
will
now
proceed to consider the merits of the matter.
VII.
THE MERITS OF THE MATTER
75. In the Application dated 28 February 2014, it is alleged that the
Respondent State has violated Articles 6 and 7 of the Charter.
76. The Court finds, as a preliminary remark, that whereas it is accepted
under international law that, in exceptional circumstances, States Parties
to a human rights instrument such as the International Covenant on
Civil and Political Rights (hereinafter referred to as "ICCPR")
17
have
the right of derogation therefrom 18 , it is no less recognised that this right
11 Concluded in New York on 16 December 1966, entered into force on 25 March 1976 and to which
Libya acceded on 15 May 1970.
18
Article 4 of ICCPR:
1. In time of pu blic emergency which threatens the life of the nation and the existence of which is
officially proclaimed, the States Parties to the present Covenant may take measures derogating from
their obligations under the present Covenant to the extent strictly required by the exigencies of the
situation, provided that such measures are not inconsistent with the1r other obligations under
international law and do not involve discrimination solely on the ground of race, colour, sex ,
language , religion or social orig1n .
2. No derogation from articles 6, 7, 8 (paragraphs I and 2) , 11 , 15, 16 and 18 may be made under this
provision.
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