g.
Do not deal with cases which have been settled by those States
involved in accordance with the principles of the Charter of the
United Nations, or the Charter of the Organization of African
Unity or the provisions of the Charter.
178. The Court notes that the Respondent State raises two objections to the
admissibility of the Application, firstly, based on conditions not provided for
in the Charter (A) and, secondly, on the basis of conditions listed in the
Charter (B).
A. Objections to admissibility based on conditions not provided for in the
Charter
179. The Respondent State argues that the Application should be declared
inadmissible on the grounds that, the Applicant State failed to comply with
the preliminary non-judicial procedures required by the Great Lakes Pact (i),
and the Constitutive Act (ii) and because it constitutes abuse of process (iii).
i.
Objection based on alleged non-compliance with the preliminary nonjudicial procedures required by the Great Lakes Pact
180. The Respondent State contends that the Applicant State has not fulfilled the
preliminary requirements of referral to the Court, according to which it must
first seek a settlement through negotiation, good offices, investigation,
mediation or conciliation, as required by the international instruments cited
in the Application, notably, the Great Lakes Pact
181. To that end, the Respondent State submits that the Applicant State was
under an obligation, under Articles 28 and 29 of the Great Lakes Pact, prior
to any judicial proceedings, to attempt the settlement of the dispute “through
negotiation, good offices, investigation, mediation, conciliation or any other
political means within the framework of the Conference’s Regional Followup Mechanism”. It further submits that the purpose of this requirement is to
43