36.
A combined
reading of the above-mentioned
the direct seizure of the Court by an
State Party which has made a
37.
provisions show that
individual can
only be against a
declaration authorizing such seizure.
As stated supra, the Applicant submits that his Application
is not
directed against any State in particular, but against the African Union
and therefore, Article 34(6) should not apply in the present case.
38.
The Court is the opinion that the fact that a non-State entity like the
African Union is not bound under Article 34(6) of the Protocol to make
the declaration does not necessarily confer on the Court, the jurisdiction
to receive Applications brought by individuals against it. At any rate, the
Court would have to consider its jurisdiction vis-a-vis the Respondent.
39.
The Court notes however that the Application is not filed against a
State Party to the Protocol but against the African Union which is party
neither to the Charter nor to the Protocol on which the Applicant relies.
40.
It should
Protocol
When
and
an
be
that
underscored
that the Court was
its jurisdiction
Application
is
brought
established
is clearly enshrined
before
the
in the
Court,
the
by the
Protocol.
jurisdiction
rationae personae of the Court is set out in Articles 5(3) and 34(6), read
jointly.
In the present case where
the Application
is brought against a
body which is not a State which has ratified the Protocol and/or made
the
required
declaration,
it falls outside
the jurisdiction
of the
Court.
Consequently, the Court lacks the jurisdiction to hear and determine the
said Application.