Assembly/AU/Dec.590(XXVI) Page 2 Kenya and CALLS ON the ICC to terminate the case without further delay as any continued prosecution is without foundation given the unambiguous absence of any incriminatory evidence capable of belief; 6. COMMENDS the Members of the Open ended Committee of Foreign Ministers (“Open ended Ministerial Committee”) under the chairpersonship of H.E. Dr. Tedros Adhanom Ghebreyesus, Minister of Foreign Affairs of the Federal Democratic Republic of Ethiopia for the work done and REITERATES its previous decision that the Open Ended Ministerial Committee should meet with the United Nations Security Council (UNSC) to engage on all issues that have been consistently raised by the African Union; 7. TAKES NOTE of the conclusions of the 14th Assembly of the States Parties of the ICC (ASP) in which the ASP reaffirmed its understanding on the non-retroactive application of Rule 68 to situations commenced before November 2013 (with regard to the Kenyan agenda) and expressed its “willingness to consider, within the framework of the appropriate subsidiary body of the Assembly, proposals to develop procedures for the implementation of Articles 97, 27 and 98” with regard to the issues raised by South Africa in its statements during the 28th Ordinary Session of the Executive Council and the 26th Ordinary Session of the Assembly respectively in Addis Ababa, Ethiopia in January 2016 and EXPRESSES ITS APPRECIATION to the President of ASP, H.E. Sidiki Kaba from Senegal for ensuring that in spite of perceived resistance by some State Parties, the issues and concerns of the AU and its member states were allowed to be articulated at the 14th ASP; 8. EXPRESSES its deep grieve at the failure of the UNSC to respond to the requests of the AU for deferral of The Sudan and Kenyan cases for the past five (5) years; 9. TAKES NOTE WITH CONCERN of: 10. i) The obstinacy of the ICC by the so-called “Principals of the Court” comprising the Prosecutor, the Registrar and the President of the ICC, which continues to privilege the views of civil society over clearly held positions of African Member States parties to the Rome Statute; ii) The disturbing public dismissive disregard of the decisions of the 14 th ASP by the Prosecution in relation to the pending Rule 68 Appeal against Kenya’s Deputy President; DECIDES as follows: i) The Bureau of the Open-Ended Ministerial Committee be expanded to ensure equitable regional representation AND REQUESTS the Overall Dean and the Regional Deans in Addis Ababa, Ethiopia to urgently