IV
Court should have elaborated. For my part, I believe that the fact 1hat the issues
raised relate to "genera l public international len~·" and "hierarchy of norms in
Public interna tional Law·· in particular docs not necessarily mean that the said
issues are alien to "human rights".
19. Indeed, the protection of human rights for which the Court is responsible
under the Protocol is based on internat ional law and is by definition irrigated by
that law. In more general terms, the whole issue of "human rights" is more and
more imbibed by international law, in terms of subjects, sources, international
responsibi lity and peacefu l scUiement of disputes. The question of human
rights, like any other matter governed by international la w, is therefore likely to
raise issues relating to the law of treaties in general and the hierarchy of
international norms in particular.
20. Should the Court, for example, refrain from entertammg a request for
advisory opi~tion relating to the African Charter on Human and Peoples' Rights,
a reference instrument par excellence for the Court, on the grounds that such
request raises questions or "genera l public international law" and "hierarchy of
international norms" in particular? This question of course calls for a negative
response.
21. It is therefore my view that the two main reasons advanced by the Court to
dismiss that request (sec supra, paragraph 14), and the previous request, are
insuf(icient and shou ld have been further elaborated.
22. The four concerned NGOs are as a matter of fact entitled to know for what
specific reasons their request fa iled to meet the requirements set forth in Rule
68 of the Rules. 2 ln add ition to the right or the Authors of the request to be
informed of the reasons for the dismissal or their request, there is also the
question of the pedagogical virtues of the CourCs pronouncements and the need
for the Court to inform potential authors of requests for advisory opinions of
what exactly is expected of them.
23. In any event, the two reasons advanced by the Co urt (see supra, paragraph
14), in particul ar that "the issues raised by the Authors are of general public
international law [hierarchy of international nom1s] and not o.flwma n rights".
and the
~ See for example the reasons developed by lhe International Court or Justice
european Court of I Iuman R1ghts lor dcclming their jurisdiction to provide the opinion
of
reqLICSted : Advisory opinion of ICJ of H July 1996 on tbc Legality of rhe Use by a State
2004
Nuclear Weapons in Armed Conflict and the decision of tbc t:::uropcan Court of 2 June
opinion.
advismy
an
on th~ Compete nce o(rhe Court to gtve