70.According to Article 6 (2) of the Protocol, “the Court shall rule on the admissibility
of cases taking into account the provisions of Article 56 of the Charter”.
71.Rule 40 of the Rules which, in substance,
replicates the contents of Article 56
of the Charter provides as follows:
“Pursuant to the provisions of Article 56 of the Charter to which Article
6 (2) of the Protocol refers, Applications to the Court shall comply with
the following conditions.
1.
Disclose the identity of the Applicant
notwithstanding
the latter's
request for anonymity;
2.
Comply with the Constitutive Act of the Union and the Charter;
3.
Not contain any disparaging or insulting language;
4.
Not be based exclusively on news disseminated through the mass
media;
5.
Be filed after exhausting local remedies, if any, unless it is obvious
that this procedure is unduly prolonged;
6.
Be filed within
were
exhausted
a reasonable
time
from
the date
local remedies
or from the date set by the Court as being the
commencement of the time limit within which it shall be seized with
a matter; and
7.
Not raise any matter or issues previously settled by the parties in
accordance with the principles of the Charter of the United Nations,
the
Constitutive
Act
of the
African
Union,
the
provisions
of the
Charter or of any legal instrument of the African Union”.
18
Ss