Assembly/AU/Dec.590(XXVI)
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undertake consultations with a view to submitting their respective
representatives to serve on the Bureau;
11.
12.
ii)
The Permanent Representatives’ Committee (PRC) be mandated to
approve and provide the adequate resources to the Commission, through
the Office of the Legal Counsel, to support the work of the Open ended
Ministerial Committee in pursuing all political, legal, and strategic avenues in
addressing AU’s concerns before the United Nations, the ICC and the
International Court of Justice (ICJ);
iii)
The Open-ended Ministerial Committee will review the ICC’s interpretation
of its power pursuant to Article 93 of the Rome Statute that allows the latter
to oblige State Parties to forcibly compel unwilling witnesses to testify before
the ICC, with a view to rejecting witness compulsion in toto and inform the
ICC and the next ASP accordingly;
iv)
The Open-ended Ministerial Committee’s mandate will include the urgent
development of a comprehensive strategy including collective withdrawal
from the ICC to inform the next action of AU Member States that are also
parties to the Rome Statute, and to submit such strategy to an extraordinary
session of the Executive Council which is mandated to take such decision;
v)
The Commission will continue to engage with relevant stakeholders within
the ICC on issues raised in the various Decisions of the AU Policy Organs
on the ICC;
vi)
The Commission, through the AU Mission in Brussels, Belgium, will serve as
the secretariat to the Open-ended Ministerial Committee and provide
institutional support to the African Group in The Hague, Netherlands to
ensure effective coordination of its activities;
REITERATES:
i)
The imperative need for all African States Parties to the Rome Statute of the
ICC to continue to ensure that they adhere and articulate common agreed
positions in line with their obligations under the Constitutive Act of the
African Union;
ii)
Its call on all AU Member States to sign and ratify, as soon as possible, the
Protocol on Amendments to the Protocol of the African Court of Justice and
Human and Peoples’ Rights;
REQUESTS the Commission in collaboration with all stakeholders to follow-up on
this matter to ensure that the African proposals and concerns are addressed and
to report to the ordinary session of the Assembly through the Executive Council
scheduled for January 2017.