Uganda Case Law

Hossou and Another v Republic of Benin (Application No. 016/2020)

Hossou and Another v Republic of Benin (Application No. 016/2020) [2021] AfCHPR 10 (2 December 2021)

Court

African Court on Human and Peoples Rights

Case number

Application No. 016/2020

Judge

Aboud P, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko J, Mengue J, Mukamulisa J, Tchikaya VP

The Court determined that the declaration under Article 34(6) of the Protocol is a unilateral and optional act by a State, separable from the Protocol itself. The principle of State sovereignty in international law allows States to freely make and withdraw such commitments. The Vienna Convention on the Law of Treaties does not govern the withdrawal of unilateral declarations. The Court found that its jurisdiction is limited to interpreting and applying the Charter, the Protocol, and other relevant human rights instruments ratified by the Respondent State. However, the withdrawal of the Declar…

Source excerpt

• State Sovereignty
• Withdrawal Of International Declarations
• Access To Regional Courts
• Jurisdiction Of International Courts