Assembly/AU/ Dec.199(XI)
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DECISION ON THE REPORT OF THE COMMISSION ON THE ABUSE
OF THE PRINCIPLE OF UNIVERSAL JURISDICTION
Doc. Assembly/AU/14 (XI)
The Assembly:
1. TAKES NOTE of the Report of the Commission on the abuse of the
Principle of Universal Jurisdiction pursuant to the recommendation of the
Ministers of Justice/Attorneys General in Addis Ababa, Ethiopia on 18 April
2008;
2. RECALLS the Johannesburg Declaration of the Pan-African Parliament
dated 15 May 2008;
3. RECOGNIZING that universal jurisdiction is a principle of International Law
whose purpose is to ensure that individuals who commit grave offences
such as war crimes and crimes against humanity do not do so with impunity
and are brought to justice, which is in line with Article 4(h) of the Constitutive
Act of the African Union;
4. NOTING the Brazzaville statement by the Inter-ministerial Committee of the
International Conference on the Great Lakes Region dated 22 May 2008;
5. RESOLVE as follows:
(i)
The abuse of the Principle of Universal Jurisdiction is a development
that could endanger International law, order and security;
(ii)
The political nature and abuse of the principle of universal
jurisdiction by judges from some non-African States against African
leaders, particularly Rwanda, is a clear violation of the sovereignty
and territorial integrity of these States;
(iii)
The abuse and misuse of indictments against African leaders have a
destabilizing effect that will negatively impact on the political, social
and economic development of States and their ability to conduct
international relations;
(iv)
Those warrants shall not be executed in African Union Member
States;
(v)
There is need for establishment of an international regulatory body
with competence to review and/or handle complaints or appeals
arising out of abuse of the principle of universal jurisdiction by
individual States.