Charter), or the Constitutive Act of the African Union (AU Constitutive Act) or the provisions of the present Charter”. 112. In line with the Court’s jurisprudence, the above-mentioned provisions require that it be ascertained not only whether the case under consideration has not been settled, but also whether it has not been settled in accordance with the principles laid down in the instruments mentioned.28 113. The Court’s jurisprudence also holds that settlement, within the meaning of Article 56(7) of the Charter, presupposes that three requirements are met: (i) the identity of the parties; (ii) the identity of the applications or their alternative or supplementary nature or whether the case flows from a request made in the initial case; and (iii) the existence of a decision on the merits.29 114. The Court considers that in relation to the requirement of the identity of the Parties, the Respondent State does not prove that the victims represented by the two victims’ associations are the same in the various proceedings before the foreign courts concerned. The Court notes, in effect, that the defendants in the various proceedings are not the same. In the aforementioned proceedings, the defendants are the Respondent State and Trafigura, whereas in the present case, the defendant is the Respondent State alone. The requirement of identity of the Parties is, therefore, not met. 115. With regard to the requirement of identity of the applications, the Court recalls, as it has found in this Judgment, that the main issue raised by the Applicants in the present Application is that the victims were not afforded a remedy and reparations. None of the Parties to the present Application contends that the victims were duly and fully compensated. It emerges 27 Jean Claude Roger Gombert v. Côte d’Ivoire (jurisdiction and admissibility) (22 March 2018) 2 AfCLR 270, § 44; Dexter Eddie Johnson v. Republic of Ghana (jurisdiction and admissibility) (28 March 2019) 3 AfCLR 99, § 55. 29 Tike Mwambipile and Equality Now v. United Republic of Tanzania, ACtHPR, Application No. 042/2020, Judgment of 1 December 2022 (jurisdiction and admissibility), § 48; Dexter Eddie Johnson v. Republic of Ghana (jurisdiction and admissibility) (28 March 2019) 3 AfCLR 99, § 48 29