Ext/Assembly/AU/Dec.1(Oct.2013)
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DECISION ON AFRICA’S RELATIONSHIP WITH
THE INTERNATIONAL CRIMINAL COURT (ICC)
The Assembly,
1.

TAKES NOTE of the Progress Report of the Commission on the Implementation
of Decision Assembly/AU/Dec.482(XXI) on the International Jurisdiction,
International Justice and the International Criminal Court (ICC) and
the
Presentation made by the Republic of Kenya as well as the recommendations of
the Executive Council thereon;

2.

REITERATES, in accordance with the Constitutive Act of the African Union (AU),
the AU ’s unflinching commitment to fight impunity, promote human rights and
democracy, and the rule of law and good governance in the continent;

3.

REAFFIRMS its previous Decisions on the abuse of the principles of Universal
Jurisdiction adopted in Sharm El Sheikh in July 2008 as well as the activities of
the ICC in Africa, adopted in January and July 2009, January and July 2010,
January and July 2011, January and July 2012, and May 2013 wherein it
expressed its strong conviction that the search for justice should be pursued in a
way that does not impede or jeopardize efforts aimed at promoting lasting peace;

4.

REITERATES AU’s concern on the politicization and misuse of indictments
against African leaders by ICC as well as at the unprecedented indictments of
and proceedings against the sitting President and Deputy President of Kenya in
light of the recent developments in that country;

5.

UNDERSCORES that this is the first time that a sitting Head of State and his
deputy are being tried in an international court and STRESSES the gravity of this
situation which could undermine the sovereignty, stability, and peace in that
country and in other Member States as well as reconciliation and reconstruction
and the normal functioning of constitutional institutions;

6.

RECOGNIZES that Kenya is a frontline state in the fight against terrorism at
regional, continental and international levels and, in this regard, STRESSES the
threat that this menace poses to the region in particular and the continent in
general, and the proceedings initiated against the President and the Deputy
President of the Republic of Kenya will distract and prevent them from fulfilling
their constitutional responsibilities, including national and regional security affairs;

7.

RECALLS that following the 2007 Post Election Violence (PEV), the mediation
process in Kenya was initiated by AU which led to the enactment of the National
Accord and Reconciliation Act and the Agreement establishing the coalition
government, and EXPRESSES concern that the ongoing process before the ICC
may pose a threat to the full implementation of the National Accord of 2008 and
prevent the process of addressing the challenges leading to the post-election
violence;

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