320. The Applicant State argues, however, that the requirement of exhaustion of domestic remedies cannot be applied in the instant case for three reasons. 321. It submits that, firstly, this requirement applies when the violations of human and peoples’ rights are committed by the Respondent State on its territory and the applicant must resort to the jurisdictional and non-jurisdictional bodies of that State. It submits that since the violations have been committed by the Respondent State on the Applicant State’s territory, there are no domestic remedies and therefore the requirement to exhaust them does not apply. In this respect, it refers to Communication 227/99 - DRC v. Rwanda, Uganda and Burundi, in which the African Commission held that when human rights violations were committed by the Respondent State on the territory of the Applicant State, “local remedies do not exist, and the question of their exhaustion does not, therefore arise”. In its opinion, therefore, there is no reason to depart from this jurisprudence, not only because of the complementary nature of the two bodies, but also in order to avoid conflicting decisions. 322. Secondly, as far as the Applicant State is concerned, this Application relates, inter alia, to the allegation of serious and massive violations of human rights committed in a context of armed conflict on its territory, involving the armed forces of the coalition. It avers that, in these circumstances, it is inappropriate for it to be required to exhaust the Respondent State’s local remedies, which would have been impossible and ineffective. 323. Thirdly, the Applicant State argues that the rule of exhaustion of local remedies is flexible insofar as massive and serious violations of human rights are committed against a State, especially where it is neither practical nor possible to seize domestic courts. 324. The Applicant State submits that in such a case, the Court is called upon to remedy this situation in order to render fair justice. The Applicant State considers that in the instant case, this need is reinforced by the conduct of 72