Assembly/AU/Dec.397(XVIII)
Page 1
DECISION ON THE PROGRESS REPORT OF THE COMMISSION ON
THE IMPLEMENTATION OF THE ASSEMBLY DECISIONS ON
THE INTERNATIONAL CRIMINAL COURT (ICC)
Doc. EX.CL/710(XX)
The Assembly,
1.
TAKES NOTE of the Progress Report of the Commission on the implementation
of Assembly Decisions on the International Criminal Court (ICC);
2.
REITERATES its commitment to fight impunity in conformity with the provisions of
Article 4(h) and (o) of the Constitutive Act of the African Union;
3.
STRESSES the need to explore ways and means to ensure that the request by
the African Union (AU) to the United Nations (UN) Security Council to defer the
proceedings initiated against President Bashir of The Sudan in accordance with
Article 16 of the Rome Statute of ICC on deferral of cases by the UN Security
Council, be acted upon and, in this regard, REITERATES its request to the UN
Security Council and REQUESTS African members of the UN Security Council to
place the matter on the agenda of the Council;
4.
RECOGNISES the efforts by African Members of the UN Security Council to
initiate dialogue and discussions on the issue of placing AU’s request for deferral
under Article 16 of the Rome Statute, both with regard to The Sudan and Kenya
on the UN Security Council agenda and ENCOURAGES African non-Permanent
Members of the UN Security Council to pursue their efforts in this regard;
5.
REQUESTS the Group of African States Parties to the Rome Statute in New York
and in the Hague as well as African Members of the United Nations Security
Council to scrupulously follow-up on the implementation of Assembly Decisions
on the ICC in collaboration with the Commission to ensure that African proposals
and concerns are properly considered by the UN Security Council and the
Assembly of States Parties to the Rome Statute;
6.
REAFFIRMS its understanding that Article 98(1) was included in the Rome
Statute establishing the ICC out of recognition that the Statute is not capable of
removing an immunity which international law grants to the officials of States that
are not parties to the Rome Statute, and by referring the situation in Darfur to the
ICC, the UN Security Council intended that the Rome Statute would be
applicable, including Article 98;
7.
ALSO REAFFIRMS that by receiving President Bashir, the Republic of Malawi,
like Djibouti, Chad and Kenya before her, were implementing various AU
Assembly Decisions on non-cooperation with the ICC on the arrest and surrender
of President Omar Hassan Al Bashir of The Sudan;