Assembly/AU/ Dec.334(XVI) Page 1 DECISION ON THE IMPLEMENTATION OF THE DECISIONS ON THE INTERNATIONAL CRIMINAL COURT Doc. EX.CL/639(XVIII) The Assembly, 1. TAKES NOTE of the Progress Report of the Commission on the Implementation of Decision Assembly/AU/Dec.296 (XV) adopted in Kampala, Uganda on 27 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. DEEPLY REGRETS 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, has not been acted upon, and in this regard, REITERATES its request to the UN Security Council; and REQUESTS the African members of the UN Security Council to place the matter on its agenda of the Council; 4. ALSO DEEPLY REGRETS the Decisions no.: ICC-02/05-01 of the Pre-trial Chamber I of the ICC dated 27 August 2010 informing the UN Security Council and the Assembly of the States Parties to the Rome Statute (ASP) about the visit of President Omar El-Bashir of the Sudan to the Republic of Chad and the Republic of Kenya on 21st July and 27th August 2010 respectively; 5. DECIDES that by receiving President Bashir, the Republic of Chad and the Republic of Kenya were implementing various AU Assembly Decisions on the warrant of arrest issued by ICC against President Bashir as well as acting in pursuit of peace and stability in their respective regions; 6. SUPPORTS AND ENDORSES Kenya’s request for a deferral of the ICC investigations and prosecutions in relation to the 2008 post election violence under Article 16 of the Rome Statute to allow for a National Mechanism to investigate and prosecute the cases under a reformed Judiciary provided for in the new constitutional dispensation, in line with the principle of complementarity, and in this regard REQUESTS the UN Security Council to accede to this request in support of the ongoing peace building and national reconciliation processes, in order to prevent the resumption of conflict and violence; and REQUESTS the African members of the UN Security Council to place the matter on the agenda of the Council; 7. TAKES NOTE of the outcome of the Ninth Assembly of States Parties to the Rome Statute of the International Criminal Court (ICC) regarding the consideration of the proposed amendment to Article 16 of the Rome Statute;