42 Instruments of the AU Article 1: Establishment of the Court There shall be established within the Organization of African Unity an African Court on Human and Peoples’ Rights (hereinafter referred to as ‘the Court’), the organisation, jurisdiction and functioning of which shall be governed by the present Protocol. Article 2: Relationship between the Court and the Commission The Court shall, bearing in mind the provisions of this Protocol, complement the protective mandate of the African Commission on Human and Peoples’ Rights (hereinafter referred to as ‘the Commission’), conferred upon it by the African Charter on Human and Peoples’ Rights, hereinafter referred to as ‘the Charter’. Article 3: Jurisdiction 1. The jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any other relevant human rights instrument ratified by the states concerned. 2. In the event of a dispute as to whether the Court has jurisdiction, the Court shall decide. Article 4: Advisory opinions 1. At the request of a member state of the OAU, the OAU, any of its organs, or any African organisation recognised by the OAU, the Court may provide an opinion on any legal matter relating to the Charter or any other relevant human rights instruments, provided that the subject matter of the opinion is not related to a matter being examined by the Commission. 2. The Court shall give reasons for its advisory opinions provided that every judge shall be entitled to deliver a separate or dissenting opinion. Article 5: Access to the Court 1. The following are entitled to submit cases to the Court: (a) The Commission; (b) The state party which has lodged a complaint to the Commission; (c) The state party against which the complaint has been lodged at the Commission; (d) The state party whose citizen is a victim of a human rights violation; (e) African Intergovernmental Organisations. 2. When a state party has an interest in a case, it may submit a request to the Court to be permitted to join. 3. The Court may entitle relevant non-governmental organisations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34(6) of this Protocol. Article 6: Admissibility of cases 1. The Court, when deciding on the admissibility of a case instituted under article 5(3) of this Protocol, may request the opinion of the Commission which shall give it as soon as possible. 2. The Court shall rule on the admissibility of cases taking into account the provisions of article 56 of the Charter. 3. The Court may consider cases or transfer them to the Commission. Article 7: Sources of law The Court shall apply the provisions of the Charter and any other relevant human rights instruments ratified by the states concerned.