334. At the hearing, the Respondent State reiterated the content of its
submissions. It also asserted that the Court could only hear the instant case
if the parties have previously attempted to settle the case through nonjudicial avenues, in particular, through negotiation, conciliation or any other
political mechanism, which are conditions laid down in the treaties invoked
by the DRC in support of its Application.
335. In this respect, the Respondent State cites Articles 28 and 29 of the Great
Lakes Pact, which provide for the settlement, through non-judicial avenues,
of any dispute between States Parties, in particular, through negotiation,
investigation, conciliation or any other political mechanism within the
framework of the Great Lakes follow-up mechanism. On the other hand, it
cites Articles 47 et seq. of the Charter, which provide for prior amicable
settlement in the event of a dispute.
336. According to the Respondent State, the Applicant State makes no mention
in its Application of any attempt at conciliation or negotiation, nor did it take
any such steps after preliminary objections had been filed.
***
337. The Court observes, as it has already indicated in paragraph 308 of this
Ruling, that the local remedies to be exhausted are internal judicial
remedies, which precludes all regional or international remedies. It follows
that the argument that regional and international remedies were not
exhausted in this instant application cannot be sustained.
338. Accordingly, this limb of the objection based on non-exhaustion of available
regional and international remedies is dismissed.
339. In view of the foregoing, the Court dismisses the objection based on nonexhaustion of local remedies.
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