191. It does not escape the Court’s notice that the “African Court of Justice”, to
which the parties agree to submit their disputes concerning the
interpretation or application of the Great Lakes Pact, is different from this
Court, not to mention that it has not been operationalised by the AU.
192. The Court, therefore, finds that the rules of procedure outlined under the
Great Lakes Pact are not applicable before it and, therefore, cannot be
invoked to bar proceedings before it. \
193. Consequently, the Court dismisses the Respondent State’s objection to the
admissibility of this Application based on non-compliance with the
procedure laid down in Articles 28 and 29 of the Great Lakes Pact.
ii.
Objection based on alleged non-compliance with the preliminary nonjudicial procedure required by the Constitutive Act
194. The Respondent State argues that the Application is inadmissible for failure
to comply with the preliminary dispute settlement procedure under Article
26 of the Constitutive Act of the AU.
195. According to the Respondent State, the fundamental issues raised in the
Application relate to peace, security, sovereignty and territorial integrity, as
enshrined in Articles 3(b) and (f) and 4(a), (e), (f) and (i) of the Constitutive
Act and the Protocol Relating to the Establishment of the Peace and
Security Council (hereinafter referred to as “the PSC Protocol”). It contends
that the Applicant State is accusing it of committing acts that are
incompatible, in particular, with the Constitutive Act, which means that its
Application
is
substantially
based
on
the
interpretation
and/or
implementation of the Act.
196. The Respondent State argues that, despite the fact that the Applicant State
frames its issues before the Court as human rights matters , the subjectmatter of its Application remains, first and foremost, a matter of peace and
46
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