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

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