Accordi ng to the Commission, lhe plain and ordinary meaning of the term "intergo vetnmen tal organization '' is an entity created by treaty, involving two or 67. more 'international govemm ental organisation', or 'as between or among govemm ents'. Tt added that th~;;; term "intergovernmental" is thus definitive of entities whose member ship is exclusively or primarily for States and that such organizations would also ordinarily have State represen tatives directing the affairs of the organization. The Court notes that Article 5 (l) of the Protocol sets out a list of the entities that have right of access to the Court for purposes of submitti ng "cases", to the CoUJi. Notably, not all entities entitled to request the Court for an opinion are also 68. entitled to bring cases to the Court. Thus, for example, whereas the AU organs are entitled to request for an advisory opinion under Article 4 (1 ), they are not entitled to submit cases under Alticle 5 of U1e Court Protocol; only the African Co111I1Ussion is specific ally mention ed among the entities that can bring cases under Aliicle 5 of the Protocol. The Court notes further that the Committee is not listed under Article 5 (1) of the Protoco l, even U10ugh the Children's Charter bad already been adopted when 69. 23 the Protoco l was being adopted in 1998 . Althoug h the Charter came into force in J 999, a year after adoption of the Court Protoco l, the Commit tee is taken to have been establish ed by its founding insttumcnt of 1990, 24 and therefore could have been included along with the African commis sion among the entities with direct access to the CoUI1 under Article 5 (1 ). Having not been listed under Article 5 (1) of the Court Protocol, the only avenue open for the Commit tee to subm.jt cases to the Court is if it is determi ned 70. 2 ' 1998. The Children's Charter was adopted on 11 July 1990, while the Protocol was adopted on 9 June Protocol, Art. 5 (I) (a) --24 19