institutions, or the AU. The Court, therefore, finds that this requirement is
also met.
371. As regards filing the Application within a reasonable time, the Court points
out that Article 56(6) of the Charter, restated in Rule 50(2)(f) of the Rules,
lays down two alternative criteria for determining the starting point of
reasonable time: the date of exhaustion of local remedies or the date set by
the Court itself. The Court further recalls its established jurisprudence that
the reasonableness of time must be assessed on a case-by-case basis, in
light of the specific circumstances of each case.47
372. The Court emphasises, with regard to the first criterion, that, as it has held
at paragraph 312 of this Ruling, the Applicant State cannot be required to
exhaust local remedies owing to allegations of serious or massive violations
of human rights. Accordingly, this criterion does not apply in the present
case.
373. With regard to the second criterion, namely, setting a date on which the
time-limit for bringing the case before it begins to run, the Court notes that
it emerges from the Application that the facts alleged occurred until at least
26 February 2023, the date of the alleged massacre at Kazaroho in North
Kivu, in which at least 30 people were killed. The Court retains this date as
when the time-limit for its referral began to run. Between that date and the
date of the Court's referral on 21 August 2023, five months and 27 days
elapsed. The Court considers that this time-limit is manifestly reasonable.48
374. Accordingly, the Court finds that the Application satisfies the requirement
under Rule 50(2)(f) of the Rules.
47 Anudo Ochieng Anudo v. United Republic of Tanzania (merits) (22 March 2018) 2 AfCLR 248, § 57;
Norbert Zongo and Others v. Burkina Faso (merits) (28 March 2014) 1 AfCLR 219, § 92; Alex Thomas
v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 73.
48 Bernard Balele v. United Republic of Tanzania (merits and reparations) (30 September 2021) 5 AfCLR
338, § 65; Masoud Rajabu v. United Republic of Tanzania (merits and reparations) (25 June 2021) 5
AfCLR 282, § 51.
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