Exhaustion of Local Remedies
29.
The Rule on exhaustion
of local Remedies is a long aged one which
enjoins a patty accessing the jurisdiction of an international
and foremost
access the national
courts for his case to be heard to
conclusion of the same. In the case of the Interhandel
v. United States (judgment
of
21
court to first
case (Switzerland
March 1959, the International
Court of
Justice, observed that the obligation to exhaust domestic remedies forms
part of the customary
international
law, recognized as such in its case
law. Therefore the Court may only deal with the matter after all domestic
remedies have been exhausted,
rules of international
30.
according to the generally
law.
It is also to be found in other international
international
recognized
covenant
human rights treaties: the
on civil and Political Rights and the Optional
Protocol thereto, the American Convention on Human Rights, and the
African Charter on Human and Peoples Rights. As was observed that the
State may waive the requirement
esta blished international
practice on this point, in view of the provisions
of its Protocol as amended
However Article
10
of exhaustion without there being an
vide its Supplementary
(d) of the Protocol
Protocol
as amended
of
2005.
provides
that
individuals may access this court for relief for violation of their human
rights on condition that the party is not anonymous nor the application
be made whilst the same matter has been instituted
J nternarinna
31.
l Court
TnT ,1diudi
before another
cati on.
The provision of Article 1O(d) above puts it quite succinctly clear that
the access to this Court is not subject to exhaustion of local remedies
envisaged by the customary
international
3S
law on the point. The said
11
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