Commission, as evidenced in the circumstances that led to the submission by the Commission of its own application against the Great Arab Socialist Peoples’ Libyan Jamahiriya. 30. This is obviously a matter of judicial policy requiring mature reflection on the part of the Court. The response to that question will depend on the role that the Court intends to play in the human rights protection system provided in the African Charter and the Protocol establishing the Court; it will depend in particular on the manner in which the Court views synergies with the African Commission based on Articles 2, 4, 5, 6 (1 & 3), 8 and 33 of the Protocol. 31. The Court could in that regard continue to explore the options available under Article 6 (3) of the Protocol and try to ascertain if the transfer of an application to the Commission could not occur after the Court has declared that it “has jurisdiction”; the ultimate goal of the transfer being for the Commission to consider not only the admissibility of the application but also the merits of the case. 32. The verb “consider” used in paragraph 3 and the positioning of that paragraph in Article 6 (immediately after paragraph 2 dealing with the issue of ruling on the admissibility of cases by the Court), indeed suggests that the Court may consider cases on their merit or transfer them to the Commission. 33. Guided by criteria which it would have to determine, the Court could thus choose not to rule on the merits of a case over which it has jurisdiction. This system, known as “pick and choose”, is for instance, applied by the U.S Supreme Court. Rule 10 of the Rules of that Court indeed allows it to exercise its appellate jurisdiction in a discretionary manner, in other words when it feels that there are compelling reasons to exercise such a jurisdiction; the same Rule provides criteria for the selection of cases subject to appeal before the Supreme Court (e.g. major federal issues, conflicts of jurisprudence between two courts of appeal). 34. In deciding not to rule on the merits of a case over which it has jurisdiction, the African Court could however be opening the door to a veritable denial of justice; the referral of the case to the Commission for determination on the merits would not suffice to forestall such a denial of justice since only the Court does have powers of a judicial nature. That impediment may be surmounted; it would be up to the Court and the Commission to initiate joint discussions on the matter. 35. Here again, it is a matter of judicial policy which arises for the Court touching on the role it intends to play within the African system of protection of