Assembly/AU/Dec.482(XXI)
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regard, DEEPLY REGRETS the Decisions of the Pre-trial Chamber II and the
appeals Chamber of the ICC on the admissibility of the cases dated 30 May and
30 August 2011 respectively, which denied the right of Kenya to prosecute and
try alleged perpetrators of crimes committed on its territory in relation to the 2007
post-election violence;
7.
SUPPORTS AND ENDORSES the Eastern Africa Region‟s request for a referral
of the ICC investigations and prosecutions in relation to the 2007 post-election
violence in Kenya, in line with the principle of complementarity, to allow for a
National Mechanism to investigate and prosecute the cases under a reformed
Judiciary provided for in the new constitutional dispensation, in support of the ongoing peace building and national reconciliation processes, in order to prevent the
resumption of conflict and violence in Kenya;
8.
REQUESTS the African Union Commission, in collaboration with the African
Union Commission on
International Law (AUCIL), to organize, with the
participation of Member States, all the relevant Organs of the African Union and
other relevant Stakeholders, a brainstorming session, as part of the 50th
Anniversary discussion on the broad areas of International Criminal Justice
System, Peace, Justice and Reconciliation as well as the impact/actions of the
ICC in Africa, in order not only to inform the ICC process, but also to seek ways
of strengthening African mechanisms to deal with African challenges and
problems;
9.
ALSO REQUESTS the African Union Commission to follow-up on this matter and
to report regularly on the implementation of the various Assembly decisions on
the ICC.