000513
V!.
ADMISSIBILITY
30.
ln terms of Article 6(2) of the Protocol, "the Court shall rule on the admissibitity of
cases taking Into account the provisions of Article 56 of the Charter." Pursuant to Rule
39(1) of the Rules, "the Court shall conduct preliminary examination of its jurisdiction
and the admissibility of the Application in accordance with articles 50 and 56 of the
Charter and Rule 40 of the Rules".
31.
Rule 40 of the Rules, which in substance restates the provisions of Article 56 of
the Charter, provides that:
"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.
4.
Not contain any disparaging or insulting language;
5.
Be filed after exhausting local remedies, if any, unless it is obvious that this
procedure is unduly prolonged;
6.
Be filed within a reasonable time from the date local remedies were exhausted
Not based exclusively on news disseminated through the mass media;
or from the date set by the Court as being the commencement of the time limit
within which it shall be seized with the Matter;
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".
10
gt