36.
A combined reading of the above-mentioned provisions show that
the direct seizure of the Court by an individual can only be against a
State Party which has made a declaration authorizing such seizure.
37.
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 be underscored that the Court was established by the
Protocol and that its jurisdiction is clearly enshrined in the Protocol.
When an Application is brought before the Court, the 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.