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.

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