African Movement and others) v. Eritrea and Ethiopia, as it was already
pending before the Ethiopian and Eritrean Complaints Commission.
211. The Respondent State adds that the ECOWAS Court of Justice has adopted
a similar position, notably in El Haji Mame Abdou Gaye v. La République du
Sénégal and The Registered Trustees of the Socio-Economic Rights &
Accountability (SERAP) v. Federal Republic of Nigeria and another, as it
does not receive any applications alleging human rights violations if the
same case is already before another international court.
212. As to the failure to produce relevant documents, the Respondent State
contends that the current Application was not supported by relevant factual
documents and that the Applicant State thus failed to inform the Court of the
proceedings pending before the EACJ and the ongoing investigations into
the situation in the East of the DRC by the International Criminal Court,
referred to it in April 2004 and in May 2023.
213. The Respondent State argues that this requirement enables the Court to be
cognisant of all relevant facts likely to have an impact on any decision to be
taken in the present case.
214. The Respondent State submits that the acts and omissions of the Applicant
State reveal a strategy aimed at misleading the Court as to the relevant
elements and obscuring the true nature of a political ploy devised to cause
political embarrassment to the Respondent State rather than to achieve a
judicial settlement of an alleged dispute. In its view, the Applicant State is
seeking to pass off a political ploy as a legal dispute by using the Court to
settle political scores.
215. It argues that the Application displays the Applicant State’s indifference to
the Court’s authority and its procedural requirements, by seeking to gain an
unjust and illegitimate political advantage.
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