Assembly/AU/Dec.622(XXVIII) Page 1 DECISION ON THE INTERNATIONAL CRIMINAL COURT1 Doc. EX.CL/1006(XXX) The Assembly, 1. TAKES NOTE of the recommendations of the Executive Council on the implementation of 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) The suspension or termination of proceedings against President Omar Al Bashir of The Sudan and URGES the United Nations Security Council to withdraw the referral case in The Sudan; iii) The need for all Member States to continue 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; 3. EXPRESSES its dissatisfaction that the meeting between Open Ended Ministerial Committee and the United Nations Security Council was aborted due to the inappropriate representation of the delegations of the latter, which prevented a constructive engagement, in the absence of officials with decision making powers DECIDES that the Open Ended Ministerial Committee discontinue any further engagement with the United Nations Security Council as no tangible result will come out of the exercise due to the recalcitrant position of some members of the UNSC; 4. FURTHER EXPRESSES deep concern at the slow pace of ratification of the Protocol on Amendments to the Protocol of the African Court of Justice and Human and Peoples’ Rights adopted on 27 June 2014 and REITERATES its previous call on Member States to sign and ratify the Protocol, as soon as possible; 5. COMMENDS the Members of the Open Ended Committee of Foreign Ministers (“Open ended Ministerial Committee”) and REQUESTSthe Minister of Foreign Affairs of the Federal Democratic Republic of Ethiopia, H.E. Dr. Workneh Gebeyehu to continue to steer the work of the Committee; Reservations entered by Benin, Botswana, Burkina Faso, Cabo Verde, Cote d’Ivoire, The Gambia, Lesotho, Liberia, Madagascar, Malawi, Mozambique, Nigeria, Senegal, Tanzania, Tunisia and Zambia . 1 28th Ordinary Session of the Assembly of the Union, 30 - 31 January 2017, Addis Ababa

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