44.
The Coalition is also of the view that even though the declaration of acceptance
of the Court's jurisdiction is a sovereign unilateral act of a State, the said
declaration creates international obligations for the accepting State. The
Coalition asserts that in the event the Respondent reviews its declaration to
include some reservations, pursuant to Article 19(c) of the Vienna Convention,
they must not be incompatible with the object and purpose of the treaty.
45.
The Coalition further notes that none of the four legal instruments establishing
the judicial organs of the African Union provides for denunciation and/or
withdrawal 2 , and that the same applies to the main legal instruments governing
human rights in Africa. As a result, the Coalition argues that the withdrawal does
not appear to be consistent with the spirit set out in the human rights legal
instruments adopted by the African Union.
46.
On the second issue of the legal effects of the Respondent's withdrawal, the
Coalition is of the view that the Respondent would be required to serve notice
of its intention to withdraw at least twelve months in advance in compliance with
Article 56(2) of the Vienna Convention.
47.
Finally, the Coalition takes the view that the Respondent's request to suspend
pending cases before the Court breaches the provisions of international law on
treaties, the Charter and Protocol. The Coalition notes that the role of the Court
is to preserve, complement and reinforce progress made in the protection of
human rights by the African Commission on Human and Peoples' Rights
(hereinafter referred to as "the Commission") and other institutions and
developments in African and international legal instruments. This specifically
includes ensuring compliance with the criteria on the equality of parties to a trial,
2
These are the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of
the African Court on Human and Peoples' Rights, the Protocol of the Court of Justice of the African
Union, the Protocol on the Statute of the African Court of Justice and Human Rights and Protocol on
Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights.
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