VII. ADMISSIBILITY
29. Article 6(2) of the Protocol provides that “the Court shall rule on the
admissibility of cases taking into account the provisions of Article 56 of the
Charter.”
30. Pursuant to Rule 50(1) of the Rules, “The Court shall ascertain the
admissibility of an Application filed before it in accordance with Article 56 of
the Charter, Article 6(2) of the Protocol and these Rules”.
31. Further, Rule 50(2) of the Rules, which in substance restates the provisions
of Article 56 of the Charter, provides as follows:
Applications filed before the Court shall comply with all of the following
conditions:
a.
Disclose the identity of the Applicant notwithstanding the latter’s
request for anonymity;
b.
Comply with the Constitutive Act of the Union and the Charter;
c.
Not contain any disparaging or insulting language;
d.
Not based exclusively on news disseminated through the mass
media;
e.
Be filed after exhausting local remedies, if any, unless it is
obvious that this procedure is unduly prolonged;
f.
Be filed 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 seised
with the matter;
g.
Not raise any matter or issues previously settled by the parties
in accordance with the principles of the Charter of the United
Nations, the Constitutive Act of the African Union, the
provisions of the Charter or of any legal instrument of the
African Union.
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