of the Charter of the United Nations, the Constitutive Act or the provisions
of the Charter.
362. The Court further notes that, as it has consistently held, notably in Jean
Claude Roger Gombert v. Republic of Côte d'Ivoire, the concept of
settlement implies convergence of three requirements, namely (i) identical
parties, (ii) identical claims, their additional or alternative character or the
character of a claim brought in an original case, and (iii) the existence of an
original decision on the merits.44
363. As regards the first condition, the Court notes, and as it also emerges from
the written submissions and the concurring submissions of the parties, that
on 15 September 2023, the Applicant State lodged an application with the
EACJ against the Respondent State. The requirement as to the parties
being identical is, therefore, met.
364. As regards the requirement that the applications must relate to the same
subject-matter, the Court notes that the present Application concerns facts
connected with an armed conflict that took place between November 2021
and 11 August 2023, when the Application was filed. The purpose of the
Application is to establish violations of human rights protected by the
Charter, the Protocol on the Rights of Women, the ACRWC, the ICCPR and
the ICESCR.45 The Court also notes that the Application before the EACJ
concerns events associated with an armed conflict that took place between
11 July 2022 and 15 September 2023. The Application before the EACJ is
requesting it to declare violations of the East African Community’s founding
treaty.46
44 Jean Claude Roger Gombert v. Republic of Côte d’Ivoire (jurisdiction and admissibility) (22 March
2018) 2 AfCLR 270, § 45.
45 See the operative part of the Application: The Applicant State requests the Court to declare that the
Respondent State violated Articles 1, 4, 5, 6, 7(1)(a), 14, 16, 17, 18(1), 22, 23 and 24 of the Charter;
Articles 3, 4, 10, 11, 12, 15, 18(1) and 19(c) of the Protocol to the Charter on the Rights of Women;
Articles 5(1) and 11(1) of the African Charter on the Rights of the Child; Articles 2(1), 6(1), 7, 8, 9(1),
10(1) and 12(1) of the ICCPR; Articles 12(1) and 13(1) of the ICESCR.
46 See page 6 of the Application before the EACJ: The Applicant State alleges violations of Articles
5(3)(f), 6(a), (b),(c),(d), 7(2), 8(1)(c) and 124(1),(2) and (5) of the EAC Treaty. See page 10 of the
Application: ‘the present proceedings are based on Articles 5(3)(f), 6(a),(b),(c),(d), 7(2), 8(1)(c) and
124(1),(2) and (5) of the ACE Treaty’.
81
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents