VIII
rulings of the Court: indeed, the judgments, advisory opinions and orders
undoubtedly possess pedagogical virtues, the importance of which must not be
underestimated especially in these initial years of the Court’s existence.
Consequently, the Court should have seized the new opportunity20 offered by the
present judgment to clearly lay down the conditions for admissibility of an
Application for Revision, by making use of the rather wide power of
interpretation implicitly conferred on it by Articles 60 and 61 of the African
Charter, relating to “Applicable principles”.21
Fatsah Ouguergouz
Judge
Court of Justice and Human Rights both of which provide that no Application for Revision
may be submitted after the expiry of a ten years deadline effective from the date of delivery of
the judgment, revision of which is being sought.
20
See in this respect the Judgment rendered by the Court on 28 March 2014 regarding the
interpretation and review of its Judgment of 21 June 2013 in the matter Urban Mkandawire v.
Republic of Malawi, as well as paragraphs 9 to 16 of my separate opinion attached to that
judgment.
21
The Protocol on the Statute of the African Court of Justice and Human Rights and the
Protocol establishing the Court of Justice of the Economic Community of West African States
belong without any doubt to the category of African instruments mentioned in Article 60; the
Statute of the International Court of Justice, which forms an integral part of the United
Nations Charter, is for its part clearly one of these “general international conventions laying
down rules expressly recognized by Member States of the African Union”, referred to in
Article 61.