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and regional remedies , the Court shall have subject matter jurisdiction over all aspects of domestic , international and supranational human rights law ; C . The Court , subject to and in conformity with its Rules , may request input from public international organizations whose work is relevant to cases before the Court , and the Court shall consider reviewing such information when it is presented to the Court by such organizations on their own initiative ; D . Whenever the construction of a constituent instrument of a public international organization , or of an international convention adopted thereunder , is in question in a case before the Court , the Clerk shall so notify any and all public international organizations concerned , and shall communicate to it ( or them ) copies of all relevant documentation ; E . Under appropriate circumstances , intergovernmental agencies may be named as Respondents in proceedings before the Court ; F . The Court , and the Office of the Ombudsman , shall have both documentary and testimonial subpoena power with respect to Members , whether those Members are Nation States or National Judiciaries ; G . In the event of a dispute as to whether the Court has subject matter jurisdiction over a particular case , the matter shall be settled by decision of the Court ; and H . The Court shall adjudicate legal questions only , and shall not purport to adjudicate political questions . Any determination as to whether a question is legal in nature ( i . e ., justiciable ), or political in nature ( i . e ., nonjusticiable ), shall be settled by decision of the Court .
ADVISORY JURISDICTION OF THE COURT Article 19
A The Court may give an advisory opinion on any legal question that the Court believes to be worthy of review , and that has been submitted by a party whom the Court deems to have standing ; B . Questions upon which the advisory opinion of the Court is sought shall be presented to the Court by means of a written statement of the question , accompanied by all documents that are believed by the requesting party to be reasonably probative of the question ; C . Upon the Court ’ s acceptance for review of a petition for an advisory opinion , the Clerk shall forthwith give notice of the petition to all parties whom the Court deems have a material legal interest in the outcome of the decision ; D . The Clerk , after consultation with the Court , shall notify any organizations that might be expected to be able to furnish information probative of the petition , from which the Court is willing to receive , within
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a specified time limit , written submissions relating to the issues raised ; E . The Court shall provide a balanced opportunity for interested non-party stakeholders to present evidence in open Court regarding the petition ; F . In the exercise of its advisory functions , the Court shall be guided by the provisions of the Statute which apply in contentious cases , to the extent that they are deemed by the Court to be applicable ; G . When a petition for an advisory opinion is received from a non-Member of the Court , and when the Court decides to issue an advisory opinion regarding that petition , the Court may condition the consideration of that Petition on the Petitioner ’ s payment of a filing fee which shall approximate the expected cost of adjudicating the Petition ; and H . The Court shall issue advisory opinions as to legal questions only , and shall not issue advisory opinions as to political questions . Any determination as to whether a petition for an advisory opinion is legal in nature ( i . e ., justiciable ), or political in nature ( i . e ., nonjusticiable ), shall be settled by decision of the Court .
SUBSTANTIVE LAW TO BE APPLIED BY THE COURT Article 20
A . In deciding its cases , the Court shall apply the following substantive law : ( 1 ) Human rights conventions and declarations of which one or more of the parties is a member ; ( 2 ) Human rights custom , and generally accepted practice ; ( 3 ) General principles of human rights law ; ( 4 ) Human rights judicial decisions ; and ( 5 ) The teachings and writings of preeminent human rights experts ; and B . This provision shall not limit the power of the Court to decide a case under principles of equity , if the parties consent .
SELECTION OF CASES Article 21
A . Upon receipt for a Petition for Review , the Court will decide whether to grant or deny review based on the following factors : ( 1 ) Is the case within the subject matter jurisdiction of the Court ? ( 2 ) Have the Petitioners exhausted their national and / or regional remedies , if any ? ( 3 ) On the basis of the pleadings , qualitatively , how serious are the alleged deprivations of human rights at the individual level ? ( 4 ) On the basis of the pleadings , quantitatively , how wide-spread are the alleged deprivations of human rights ?
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( 5 ) Without prejudging the case , how strong does the evidence appear to be ? ( 6 ) What level of enforceability of the Court ’ s order could be expected given the treaty-accession and membership status of the parties ? ( 7 ) Are the nation state and regional precedents in need of harmonization ? B . A Petition for Review will be granted when five or more Justices of the Court agree that review is warranted under these criteria .
EXHAUSTION OF REMEDIES Article 24
A . In determining whether to accept a Petition for Review , the Court shall generally apply the doctrine of exhaustion of remedies . Petitioners , to the extent that it is reasonably feasible , shall exhaust any and all national , regional , and United Nations-based remedies , prior to seeking recourse to the Court . This exhaustion requirement gives the respondent Nation State the first opportunity to correct any alleged harm , and to thereby make redress , thereby achieving the most efficient resolution of the issues ; and B . If there is no domestic , regional , or United Nations-based remedy , or if the Court concludes that requiring the Petitioners to exhaust any such nominal remedies would be ineffectual , then the Court may excuse the exhaustion requirement , or it may deem the exhaustion requirement to have been satisfied . In assessing this issue , the Court may consider the exigency of the Petitioners ’ particular circumstances , and the expected length of time that would be necessary in order for the Petitioners to receive consideration of their claims at the national , regional or United Nations level . This exhaustion of remedies requirement will generally require Petitioners to exhaust any and all judicial remedies that may be available to them , but will generally not require that Petitioners exhaust any United Nations-based or other political remedies which might arguably be available to them .
STANDARD OF REVIEW Article 27
When a record of previous proceedings is available , the Court will generally limit itself to a review of the record , and will generally accord due deference to findings of fact of the previous proceedings . The Court will generally concern itself exclusively with errors of law , and with circumstances in which there has been a withholding or abuse of discretion in the prior proceedings . Under circumstances in which no record , or an insufficient record , is available , the Court may take evidence .
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World Court of Human RIghts |