Uganda Case Law

Umuhoza v Republic of Rwanda (Ruling on Jurisdiction) (Application 003/2014)

Umuhoza v Republic of Rwanda (Ruling on Jurisdiction) (Application 003/2014) [2016] AfCHPR 30 (3 June 2016)

Court

African Court on Human and Peoples Rights

Case number

Application 003/2014

Judge

Ben Achour J, Bossa J, Guissè J, Kioko J, Matusse J, Niyungeko J, Orė J, Ouguergouz J, Ramadhani P, Tambala J, Thompson VP

The Court held that while the Protocol does not expressly provide for withdrawal of declarations under Article 34(6), such declarations are unilateral, optional acts of State sovereignty and may be withdrawn independently of the Protocol. However, the discretionary power to withdraw is not absolute; a notice period is required to ensure legal certainty and protect the rights of individuals and groups who may be affected. Drawing on international practice, including the Inter-American Court of Human Rights and the Vienna Convention, the Court determined that a one-year notice period is appropr…

Source excerpt

• Treaty Withdrawal
• Jurisdiction Of International Courts
• State Sovereignty
• Human Rights Enforcement