Assembly/AU/Dec.397(XVIII) Page 2 8. URGES all Member States to comply with Assembly Decisions on the warrants of arrest issued by the ICC against President Bashir of The Sudan pursuant to Article 23(2) of the Constitutive Act and Article 98 of the Rome Statute of the ICC; 9. REGRETS that the AU’s endorsement of two (2) persons as sole African candidates for the post of judge of the ICC was not respected by some Member States and REQUESTS that this situation, as it repeats itself in several other instances, be considered by the Commission together with the Permanent Representatives’ Committee with a view to identifying ways and means of addressing it, in order to find a durable solution that will strengthen the African Common Positions and endorsements, and make appropriate recommendations to the Executive Council; 10. REQUESTS the Commission to consider seeking an advisory opinion from the International Court of Justice regarding the immunities of State Officials under international law; 11. ALSO REQUESTS the Commission to place the Progress Report of the Commission on the implementation of Assembly Decisions on the ICC on the agenda of the forthcoming Meeting of Ministers of Justice and Attorneys General for additional input; 12. FURTHER REQUESTS the Commission to report on regular basis on the implementation of this Decision to the Executive Council.

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