15.Two elements are apparent in the provisions of Articles 3('l) and 7 of the
Protocol: first, the case where the disputes in question are based from the outset
on provisions of the Charter; second, where the Court, not having a clearly
defined rule, would have to seek them in conventions ratified by the Respondent
States. ln reality, the Court has always used both approaches. lt has always
found itself drawn into international law whenever it is part of the law accepted
by States.
16.What the Court is seeking to do from 20'l 1 in the case
Society and The Legal And Human Righfs Centre
oI Tanganyika Law
v. United Republic of
Tanzania and Reverend Chistopher Mtikila v. United Republic of Tanzania.
The Court also had to rule on the issue of applicabilitÿ of the Treaty establishing
the East African Community, in light of Articles 3(1) and 7 of the Protocol, as
well as Rule 26(1)(a) of the Rules of Court. These three provisions contain the
expression "any other relevant human rights instrument ratified by the States
concerned" which expressly refers to three conditions: 1) the instrument in
question must be an international treaty, hence the requirement of ratification
by the State concerned, 2) the international treaty must be "human rights
related" and 3) it must have been ratified by the State Party concernedlo.
17.The 2015 Femi felana case, which completes the first wave of the Court's
decisions, expresses
in all cases the Court's two-step reasoning on
its
jurisdiction. ln the first stage, it states the basis of its jurisdiction (Article 3(1))
and in the second stage, it gives, through the applicable law (Article 7), the
reasons for its choice.
18. ln this case, the application was directed against an organ of the
African Union,
established by the African Charter on Human and Peoples' Rights, namely, the
African Commission on Human and Peoples' Rights. Under Article 3(1) of the
Protocol, the Court first states that it has jurisdiction lo hear and determine all
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