protection, namely, according to the Respondent State, the remedies for
any victims before Rwandan courts.
312. The Court notes, without prejudging the merits of the Application, that the
allegations by the Applicant State suggest systemic and massive violations,
notably based on the number of alleged victims.42 In the circumstances, the
Court finds that it is neither reasonable nor practical to require prior
exhaustion of local remedies.43
313. Accordingly, the Court dismisses this limb of the objection to admissibility
based on non-exhaustion of local remedies available under the rules of
diplomatic protection.
b. On alleged non-exhaustion of existing regional and international
remedies
314. According to the Respondent State, Article 50 of the Charter does not
specify exactly which remedies must be exhausted, particularly in interState proceedings, which remain exceptional cases before both the
Commission and the Court.
315. The Respondent State submits that the determination of such remedies
requires examination in the light of the rules of interpretation set out in the
Vienna Convention on the Law of Treaties 1969 (VCLT). In this respect, it
argues that Article 56(5) of the Charter must be interpreted in the light of
Article 31(3)(c), in the sense that “any relevant rules of international law
applicable in the relations between the parties” shall be taken into account,
42 See p. 4 of Application: 130 dead as a result of the Kishishe-Bambo massacre on 29 and 30 November
2022; 20,000 children deprived of school education; 520,000 internally displaced persons. See pages 6
and 7 of the Application: at least 17 dead as a result of the Ruvumu massacre on 21 June 2022; at least
30 dead as a result of the Kazaroho massacre on 26 February 2023.
43 African Commission on Human and Peoples’ Rights, Communications 54/91-61/91-96/93-98/93164/97_196/97-210/98 : Malawi Africa Association, Amnesty International, Madam Sarr Diop, InterAfrican Union for Human Rights and RADDHO , Association of Widows and Beneficiaries, , Mauritanian
Human Rights Association v. Mauritania; Communications 25/89-47/90-56/91-100/93 Free Legal
Assistance Group, Lawyers’ Committee for Human Rights, Inter-African Human Rights , Jehovah's
Witnesses / Democratic Republic of Congo; Communications 279/03-296/05 : Sudan Human Rights
Organisation & Centre on Housing Rights and Evictions (COHRE) / Sudan Centre for Human Rights.
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