51.
The Court notes that the Respondent is a State Party to the Protocol having
deposited its instrument of ratification on 6 June 2003. The Respondent also
deposited its Declaration pursuant to Article 34(6) of the Protocol on 22 June
2013.
52.
The Court notes that pursuant to Article 3(1) it is empowered to interpret and
apply the ProtocoL Further, pursuant to Article 3(2) of the Protocol, in the event
of a dispute as to whether the Court has jurisdiction, the Court shall decide.
Therefore, the Court holds that it has jurisdiction in this matter regarding the
withdrawal of the declaration by the Respondent
B.
53.
Whether the Respondent's withdrawal is valid
It is not in dispute that the Protocol does not contain provisions for denunciation
of the Protocol or withdrawal of the declaration under Article 34(6). Similarly, the
Charter does not contain any provisions for denunciation. The Applicant, in her
submission argues that in the absence of express provisions in the Protocol for
withdrawal, the Vienna Convention applies. The Coalition shares the same
opinion. The Respondent made no arguments on this.
54.
Regarding the applicability of the Vienna Convention in the instant matter, the
Court notes that while the declaration pursuant to Article 34(6) emanates from
the Protocol which is subject to the law of treaties, the declaration itself is a
unilateral act that is not subject to the law of treaties. The Court therefore holds
that the Vienna Convention does not apply to the declaration under Article 34(6)
of the ProtocoL
55.
In dealing with whether the Respondent's withdrawal is valid, the Court is guided
by relevant rules governing declarations of recognition of jurisdiction as well as
the international law principle of state sovereignty.
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