Rule 39(1): The Court shall conduct preliminary examination of its jurisdiction ... Rule 72: The Court shall apply, mutatis mutandis, the provisions of Part IV of these Rules to the extent that it deems them to be appropriate and acceptable. Personal Jurisdiction 38. To determine whether the Court has personal jurisdiction, the Court has to satisfy itself that SERAP is one of the entities contemplated under Article 4 of the Protocol, to request for Advisory Opinion. 39. Consideration of its jurisdiction will lead the Court to respond to the first issue raised by SERAP, relating to its capacity to seize the Court with a request for Advisory Opinion. 40. Article 4(1) of the Protocol provides that "At the request. of a Member State of the OAU, the OAU, any of its organs, or any African organization recognized by the OAU, the Court may provide an opinion on any legal matter relating to the Charter or any other relevant human rights instruments ... ". 41.lt is not in dispute that SERAP does not fall under the first three categories mentioned in paragraph 39 above. 13 The Court will consequently dwell only on the fourth category, that is, whether SERAP is "an African organization recognized by the AU". 13 The fi rst three categories of entities entitled 10 request the Court for advisory opinion are: a Me m ber S la Ie 0 f t he AU, the AU itself and AU organs. Page 12 of 19