187. In its Response, the Respondent State reiterates its arguments to the effect
that, under Articles 28 and 29 of the Great Lakes Pact, the Respondent
State was obliged to comply with the procedural requirements therein, since
it was raising issues within the context of the Pact.
188. At the hearing, the Respondent State reiterated the content of its
submissions. In addition, it pointed out that Article 3 of the Great Lakes Pact
expressly provides that, prior to initiating any judicial proceedings, the State
Parties undertake to attempt non-judicial avenues of conflict resolution such
as mediation, conciliation and other political means within the framework of
regional follow-up mechanisms, namely the International Conference of the
Great Lakes Region.
***
189. The Court notes that in support of its objection, the Respondent State
invokes Articles 2833 and 2934 of the Great Lakes Pact. The first of these
articles provides for a preliminary and amicable procedure for settling
disputes between the State Parties whilst the second provides that all
disputes concerning the interpretation or application of all or part of the
Great Lakes Pact be submitted to the African Court of Justice.
190. The Court underscores that in matters of procedure, it applies the Charter,
the Protocol and its Rules and if necessary, well-established general
principles of procedure. This principle remains the same irrespective of the
instruments cited in support of the Applicant’s allegations.
33 For this purpose, the Member States undertake to settle disputes through negotiation, good offices,
investigation, mediation, conciliation or any other political means within the framework of the
Conference’s Regional Follow-up Mechanism;
The Member States undertake to have recourse to the means of settling disputes described in paragraph
2 above before having recourse to any other political, diplomatic or judicial mechanisms;
The Member States may resort to the means of peaceful settlement provided for in the United Nations
Charter and in the Constitutive Act of the African Union after recourse to the peaceful settlement of
disputes in paragraphs 2 and 3 above.
34 The Member States agree to submit any dispute which may arise between them in relation to the
interpretation or application of all or part of the Pact to the African Court of Justice if recourse to the
means referred to in Article 28 (2) (3)(4) turn out to be unsuccessful.
45