Assembly/AU/Dec.590(XXVI) Page 1 DECISION ON THE INTERNATIONAL CRIMINAL COURT Doc. EX.CL/952(XXVIII) The Assembly, 1. TAKES NOTE of the recommendations of the Executive Council on the implementation of the Decisions on the International Criminal Court (ICC); 2. REITERATES the following: i) The commitment of the African Union and its Member States to the fight against impunity in accordance with the Constitutive Act of the African Union; ii) Its previous Decision Assembly/AU/Dec.547(XXIV) on the progress Report of the Commission on the Implementation of Previous Decisions on the International Criminal Court (ICC) adopted by the Twenty-Fourth Ordinary Session of the Assembly held in Addis Ababa, Ethiopia, in January 2015, and in particular paragraph 17 (d) that requested the ICC to terminate or suspend the proceedings against Deputy President William Samoei Ruto of Kenya until the African concerns and proposals for amendments of the Rome Statutes of the ICC are considered; and iii) Paragraph 17(e) that requested the suspension of proceedings against President Omar Al Bashir of The Sudan and URGES the United Nations (UN) Security Council to withdraw the referral case in The Sudan. iv) Its requests to the Peace and Security Council (PSC) to examine the Draft ICC Action Plan on Arrest Strategies that is currently under consideration by the ICC and make appropriate recommendations thereon to the next ordinary session of the Assembly, through the Executive Council, in July 2016 to enable adoption of a Common African Position on same. 3. COMMENDS the Republic of South Africa for complying with the Decisions of the Assembly on non-cooperation with the arrest and surrender of President Omar Al Bashir of The Sudan and DECIDES that by receiving President Bashir, the Republic of South Africa was implementing various AU Assembly Decisions on the warrants of arrest issued by the ICC against President Bashir and that South Africa was consistent with its obligations under international law; 4. REITERATES its decision on the need for all Member States to comply with the Assembly Decisions on the warrants of arrest issued by the ICC against President Al Bashir of The Sudan pursuant to Article 23 (2) of the Constitutive Act of the African Union and Article 98 of the Rome Statute of the ICC; 5. EXPRESSES ITS DEEP CONCERN regarding the wisdom of the continued prosecution of the case of Deputy President William Ruto of the Republic of

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