Assembly/AU/Dec.245(XIII) Rev.1 Page 2 8. REQUESTS the Commission to convene a preparatory meeting of African States Parties at expert and ministerial levels (Foreign Affairs and Justice) but open to other Member States at the end of 2009 to prepare fully for the Review Conference of States Parties scheduled for Kampala, Uganda in May 2010, to address among others, the following issues: i.) Article 13 of the Rome Statute granting power to the UN Security Council to refer cases to the ICC; ii.) Article 16 of the Rome Statute granting power to the UN Security Council to defer cases for one (1) year; iii.) Procedures of the ICC; iv.) Clarification on the Immunities of officials whose States are not party to the Statute; v.) Comparative analysis of the implications of the practical application of Articles 27 and 98 of the Rome Statute; vi.) The possibility of obtaining regional inputs in the process of assessing the evidence collected and in determining whether or not to proceed with prosecution; particularly against senior state officials; and vii.) Any other areas of concern to African States Parties. 9. DEEPLY REGRETS that the request by the African Union to the UN Security Council to defer the proceedings initiated against President Bashir of The Sudan in accordance with Article 16 of the Rome Statute of the ICC, has neither been heard nor acted upon, and in this regard, REITERATES ITS REQUEST to the UN Security Council; 10. DECIDES that in view of the fact that the request by the African Union has never been acted upon, the AU Member States shall not cooperate pursuant to the provisions of Article 98 of the Rome Statute of the ICC relating to immunities, for the arrest and surrender of President Omar El Bashir of The Sudan ;* 11. EXPRESSES CONCERN OVER the conduct of the ICC Prosecutor and FURTHER DECIDES that the preparatory meeting of African States Parties to the Rome Statute of the ICC scheduled for late 2009 should prepare, inter alia, * Reservation entered by Chad Adopted by the Thirteenth Ordinary Session of the Assembly in Sirte, Great Socialist People’s Libyan Arab Jamahiriya on 3 July 2009

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