Assembly/AU/ /Dec.335(XVI)
Page 1
DECISION ON THE ABUSE OF THE PRINCIPLE
OF UNIVERSAL JURISDICTION
Doc. EX.CL/640(XVIII)
The Assembly,
1.
TAKES NOTE of the Progress Report of the Commission on the Implementation of
Decision Assembly/AU/Dec.292 (XV) adopted in Kampala, Uganda, in July 2010;
2.
REITERATES its commitment to fight impunity in conformity with the provisions of
Article 4(h) of the Constitutive Act of the African Union;
3.
FURTHER REITERATES its conviction on the need for an international regulatory
body with competence to review and/or handle complaints or appeals arising out of
the abuse of the Principle of Universal Jurisdiction by individual States;
4.
CALLS UPON all concerned States to respect international law and particularly the
immunity of state officials when applying the Principle of Universal Jurisdiction;
5.
URGES the European Union (EU) and its Member States to extend the necessary
cooperation to the African Union (AU) to facilitate the search for a durable solution
to the abuse of the Principle of Universal Jurisdiction and REQUESTS the
Commission to inform the EU accordingly;
6.
ALSO URGES the EU and its Member States to implement the recommendations
of the AU-EU Joint ad-hoc Expert group;
7.
TAKES NOTE of Resolution A/RES/65/33 on the Scope and Application of the
Principle of Universal Jurisdiction adopted on 6 December 2010 by the 65th United
Nations General Assembly (UNGA) and INVITES all Member States that have not
done so to submit to the UN Secretary General, before 30 April 2011, information
and observations on the scope and application of the Principle of Universal
Jurisdiction, including information on the relevant applicable international treaties,
their domestic legal rules and judicial practice;
8.
INVITES Member States affected by the abuse of the Principle of Universal
Jurisdiction by non-African States to respond to the request made by the
Chairperson of the Union and to communicate to the Commission the list and
details of pending cases in non African States against African personalities;
9.
REQUESTS Member States to apply the principle of reciprocity on countries that
have instituted proceedings against African State Officials and to extend mutual
legal assistance to each other in the process of investigation and prosecution of
such cases;
10. UNDERSCORES the need for Member States to speak with one voice during the
forthcoming negotiations at level of the United Nations and REQUESTS the African