VI.
ADMISSIBILITY
34. Article 6(2) of the Protocol provides that: “[t]he Court shall rule on the
admissibility of cases taking into account the provisions of Article 56 of the
Charter”.
35. In accordance with Rule 50(1) of the Rules, “[t]he Court shall ascertain the
admissibility of an Application filed before it in accordance with Articles 56
of the Charter, Article 6 (2) of the Protocol and these […] Rules”.
36. Rule 50(2) of the Rules, which in substance restates the provisions of Article
56 of the Charter, provides as follows:
Applications filed with the Court must meet all of the following
conditions:
a.
Indicate their authors even if the latter request anonymity;
b.
Are compatible with the Constitutive Act of the African Union
and with the Charter;
c.
Are not written in disparaging or insulting language directed
against the State concerned and its institutions or the African
Union;
d.
Are not based exclusively on news disseminated through the
mass media;
e.
Are sent after exhausting local remedies, if any, unless it is
obvious that this procedure is unduly prolonged;
f.
Are submitted within a reasonable time from the date local
remedies were exhausted or from the date set by the Court as
being the commencement of the time limit within which it shall
be seized with the matter; and
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 Constitutive Act of
African Union or the provisions of the Charter.
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