Ext/Assembly/AU/Dec.1(Oct.2013) Page 2 8. EXPRESSES its deep appreciation for the full cooperation that the President and Deputy President of Kenya have demonstrated to the ICC process and CALLS UPON the ICC to show the same level of cooperation in the process; 9. REAFFIRMS the principles deriving from national laws and international customary law by which sitting Heads of State and other senior state officials are granted immunities during their tenure of office; 10. NOW DECIDES: (i) That to safeguard the constitutional order, stability and, integrity of Member States, no charges shall be commenced or continued before any International Court or Tribunal against any serving AU Head of State or Government or anybody acting or entitled to act in such capacity during their term of office; (ii) That the trials of President Uhuru Kenyatta and Deputy President William Samoei Ruto, who are the current serving leaders of the Republic of Kenya, should be suspended until they complete their terms of office; (iii) To set up a Contact Group of the Executive Council to be led by the Chairperson of the Council, composed of five (5) Members (one (1) per region) to undertake consultations with the Members of the United Nations Security Council (UNSC), in particular, its five (5) Permanent Members with a view to engaging with the UNSC on all concerns of the AU on its relationship with the ICC, including the deferral of the Kenyan and the Sudan cases in order to obtain their feedback before the beginning of the trial on 12 November, 2013; (iv) To fast track the process of expanding the mandate of the African Court on Human and Peoples’ Rights (AfCHPR) to try international crimes, such as genocide, crimes against humanity and war crimes; (v) That the Commission expedites the process of expansion of AfCHPR to deal with international crimes in accordance with the relevant decision of the Policy Organs and INVITES Member States to support this process; (vi) That African States Parties propose relevant amendments to the Rome Statute, in accordance with Article 121 of the Statute; (vii) To request African States Parties to the Rome Statute of the ICC, in particular the Members of the Bureau of the Assembly of States Parties to inscribe on the agenda of the forthcoming sessions of the ASP the issue of indictment of African sitting Heads of State and Government by the ICC and its consequences on peace, stability and reconciliation in African Union Member States;