Assembly/AU/Dec.547(XXIV) Page 1 DECISION ON THE PROGRESS REPORT OF THE COMMISSION ON THE IMPLEMENTATION OF PREVIOUS DECISIONS ON THE INTERNATIONAL CRIMINAL COURT (ICC) Doc. Assembly/AU/18(XXIV) The Assembly, 1. TAKES NOTE of the Report of the Commission on the progress made in the implementation of Decisions on the International Criminal Court (ICC); 2. REITERATES, the commitment of the African Union and its Member States to fight impunity in accordance with the Constitutive Act; 3. ALSO REITERATES its previous decisions for the deferral of the proceedings initiated by the ICC against the President of the Sudan and the Deputy President of Kenya in accordance with Article 16 of the Rome Statute which allows the UNSC to defer cases for one year; 4. EXPRESSES a) its deep concern following the summoning of President Uhuru Kenyatta through a decision of the Trial Chamber V (b) of the ICC which did not take cognizance whatsoever of the amendments of the Rules of Procedure and Evidence of the ICC adopted by the 12th Ordinary Session of the Assembly of States Parties to the Rome Statute held in the Hague, the Netherlands in November 2013; b) its deep concern regarding the conduct of the Office of the Prosecutor and the Court and the wisdom of the continued prosecution against African Leaders. 5. COMMENDS President Uhuru Kenyatta for the leadership demonstrated and the unprecedented act of appointing the Acting President so as to respect the Court Summons and protect the Sovereignty of Kenya; 6. REITERATES the imperative need for all African States Parties (ASP) to ensure that they adhere and articulate commonly agreed positions at the African Union in line with their obligations under the constitutive Act of the Union; 7. REAFFIRMS the principles deriving from national and International Customary Law by which sitting Heads of State and other senior officials are granted immunities during their tenure in office; 8. WELCOMES the decision made by the Prosecutor of the International Criminal Court on 5 December, 2014 to withdraw the charges against President Uhuru

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