241. The Court will rule on the objections raised by the Respondent State, before
examining, if necessary, the other admissibility requirements not in
contention.
i.
Objection alleging the incompatibility of the Application with the
Constitutive Act of the AU
242. The Respondent State asserts that the Application is incompatible with the
provisions of the Constitutive Act of the AU and is, therefore, contrary to
Article 6(2) of the Protocol and Article 56(2) of the Charter and Rule 50(2)(b)
of the Rules. It contends that the Constitutive Act is the principal instrument
governing relations between Member States of the African Union and that,
accordingly, the Charter and Protocols adopted by the AU, including the
Protocol, must be interpreted in such a way as to ensure consistency with
the Constitutive Act.
243. For the Respondent State, an interpretation of the aforementioned
instruments implies an assessment of consistency with the Charter as well
as with the Constitutive Act, particularly in the case of inter-State
applications. An application lodged by a State must, therefore, be
compatible with the provisions of the Constitutive Act. In examining the
admissibility of an inter-State application, the Respondent State submits,
that the Court must ensure its compatibility with the principles and objectives
of the Constitutive Act.
244. The Respondent State argues that the principles of the African Union,
enshrined in Articles 3 and 4 of the Constitutive Act, include peace, security,
sovereignty and territorial integrity. The objective and responsibility of the
African Union, as contained in Article 3(b) and (f) of the Constitutive Act,
include “defending the sovereignty, territorial integrity and independence of
its Member States” and “promoting peace, security and stability on the
Continent”.
56
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières