ADMISSIBILITY
29. Pursuant to the provisions of Article 6(2) of the Protocol: "the Court shall rule on
the admissibility of cases taking into account the provisions of Article 56 of the
Charter".
30. Furthermore, under Rule 39 of the Rules: “the Court shall conduct preliminary
examination ... and the admissibility of the application in accordance with Articles
50 and 56 of the Charter, and Rule 40 of these Rules’.
31. Rule 40 of the Rules, which essentially restates the provisions of Article 56 of the
Charter provides that:
“Pursuant to the provisions of article 56 of the Charter to which article 6(2) of
the Protocol
refers,
applications
to the Court shall comply
with the following
conditions:
1.
disclose the identity of the Applicant notwithstanding the latter's request for
comply with the Constitutive Act of the Union and the Charter;
not contain any disparaging or insulting language;
F
ON
anonymity;
not be based exclusively on news disseminated through the mass media;
a
Vil.
be filed after exhausting local remedies, if any, unless it is obvious that this
procedure is unduly prolonged;
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 seized with the matter; and
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.