VIII. JURISDICTION OF THE COURT 27.Article 9(4) of the Protocol of the Court vests the Court with 'jurisdiction to determine cases of violation of human rights that occur in any Member State.' In determining whether the subject matter of a an application falls within the scope of this jurisdiction, the Court must consider whether "the issue submitted before it deals with a right which has been enshrined for the benefit of the human person, whether it arises from the international and Community obligations of the State complained of, as human rights to be promoted, observed, protected and enjoyed, and whether it is the violation of that right which is being alleged." (Hissein Habre v Senegal (Interim Ruling) [2010] CCJELR 43 , para 59). 28.Simiarly, in Digital Rights Lawyers Initiative v Federal Republic of Nigeria [ECW/CCJ/JUD/02/23], the Court held that an Application brought under A11icle 9(4) of the Court's Protocol must be founded upon "human rights instruments under which the Respondent has undertaken human rights obligations." (para 25). Relying on Action Pour la Protection des Droits de ! 'Homme (APDH) v Cote d'Ivoire [2016] 1 AfCLR 668 (para 57) the Court explained in the Digital Rights Lawyers Initiative case that a human rights instrument is one that ( a) expressly enunciates the subjective rights of individuals or groups of individuals, and/or (b) imposes binding obligations on the state pa11ies for the enjoyment of the said rights. (Digital Rights Lawyers Initiative, paras 25-30). 13

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