20
75.
The State argued that:
a)
The alleged violation of the rights of the Yean and Bosico children
occurred on March 5, 1997, and the State accepted the contentious
jurisdiction of the Court on March 25, 1999; namely, two years after the
alleged violation;
b)
The Court has established that it cannot exercise its contentious
jurisdiction to apply the Convention when the alleged facts occur before the
Court’s jurisdiction has been accepted, and
c)
Although the State did not invoke this preliminary objection at the due
moment, the Commission did invoke it opportunely, and the Court should
therefore rule on it.
Arguments of the Commission
76.
The Commission did not refer to this preliminary objection.
Arguments of the representatives
77.
The representatives stated in their final oral arguments during the public
hearing that the State’s attempt to file a new preliminary objection was time-barred.
Considerations of the Court
78.
With regard to the argument of the State concerning the Inter-American
Court’s alleged lack of competence rationae temporis to hear the facts of this case
that occurred on March 5, 1997, before the State accepted its contentious
jurisdiction, the Court reiterates that, as any organ with jurisdictional functions, it
has the power inherent in its attributes to determine the scope of its own
competence, because by accepting its jurisdiction the States undertake to accept the
Court’s right to decide any dispute concerning its jurisdiction12 according to the
provisions of Article 62(1) of the American Convention. Consequently, the Court will
take into consideration both the date of acceptance of its contentious jurisdiction by
the Dominican Republic, and the principle of non-retroactivity, established in Article
28 of the 1969 Vienna Convention on the Law of Treaties in order to determine the
scope of its competence in this case (infra paras. 100 to 108 and 132).
79.
In view of the above, the Court rejects the third preliminary objection filed by
the State.
VI
EVIDENCE
12
Cf. Case of Baena Ricardo. Competence. Judgment of November 28, 2003. Series C No. 104,
para. 68; Case of Constitutional Court. Competence. Judgment of September 24, 1999. Series C No. 55,
para. 33, and Case of Ivcher Bronstein. Competence. Judgment of September 24, 1999. Series C No. 54,
para. 34.
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