Assembly/AU/Dec.271(XIV)
Page 1
DECISION ON THE ABUSE OF THE PRINCIPLE
OF UNIVERSAL JURISDICTION
Doc. EX.CL/540(XVI)
The Assembly,
1.
TAKES NOTE of the recommendations of the Executive Council on the Progress
Report
of
the
Commission
on
the
Implementation
of
Decision
Assembly/AU/Dec.243 (XIII) adopted in Sirte, Great Libyan Arab Jamahiriya in July
2009;
2.
ALSO TAKES NOTE of United Nations General Assembly (UNGA) Resolution
A/RES/64/L117 on the Scope and Application of the Principle of Universal
Jurisdiction adopted on 16 December 2009 by the United Nations (UN) General
Assembly and INVITES all Member States to submit to the UN Secretary General,
before 30 April 2010, 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;
3.
REITERATES its previous positions articulated in decisions Assembly/Dec.199(XI),
Assembly/Dec.213(XII) and Assembly/Dec.243 (XIII) adopted in Sharm el Sheikh,
Addis Ababa and Sirte in July 2008, February 2009 and July 2009 respectively to
the effect that there has been blatant abuse of the Principle of Universal
Jurisdiction particularly by some non-African States and REITERATES its call for
immediate termination of all pending indictments;
4.
FURTHER REITERATES its commitment to fight impunity in conformity with the
provisions of Article 4(h) of the Constitutive Act of the African Union;
5.
URGES the European Union (EU) and its Member States to extend the necessary
cooperation to the African Union to facilitate the search for a durable solution to the
abuse of the Principle of Universal Jurisdiction;
6.
ALSO REITERATES its conviction of the need for an international regulatory body
with competence to review and/or handle complaints or appeals arising out of
abuse of the Principle of Universal Jurisdiction by individual States;
7.
CALLS UPON all concerned States, particularly European States, to respect
international law and particularly the immunity of state officials when applying the
Principle of Universal Jurisdiction;
Adopted by the Fourteenth Ordinary Session of the Assembly in Addis Ababa, Ethiopia on 2 February 2010