Assembly/AU/Dec.616 (XXVII) Page 1 DECISION ON THE INTERNATIONAL CRIMINAL COURT Doc. EX.CL/987(XXIX) 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) 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) which calls for the suspension 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) 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; iv) All Member States should comply with the Assembly Decisions on the warrants of arrest issued by the ICC against President Al Bashir of The Sudan and subsequent ICC notifications to the UNSC of so-called non-complying states pursuant to Article 23 (2) of the Constitutive Act of the African Union and Article 98 of the Rome Statute of the ICC; v) The request to AU Member States to sign and ratify, as soon as possible, the Protocol on Amendments to the Protocol of the African Court of Justice and Human and Peoples’ Rights adopted in Malabo (Equatorial Guinea) on 27 June 2014. 3. WELCOMES the decision of Trial Chamber of the ICC to terminate the proceedings against the Deputy President of the Republic of Kenya due to insufficient evidence adduced by the Prosecutor, which gives credence to its previous Decision Assembly/AU/Dec. 590 (XXVII) that the continued prosecution of the Deputy President is without foundation given the unambiguous absence of incriminatory evidence; 4. 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 so far;