Assembly/AU/11 (XIII) Annex II Page 10   (i) The requirement that the suspect be in the territory of the prosecuting state at the time of the initiation of criminal proceedings (e.g. Democratic Republic of the Congo,46 Senegal,47 Ethiopia48 and South Africa49). (ii) The requirement that prosecution be initiated by the Attorney General (Botswana,50 Kenya,51 Lesotho,52 Namibia,53 Nigeria,54 Seychelles,55 Sierra Leone,56 Swaziland,57 Tanzania58 and Zimbabwe59), by the Director of Public Prosecutions (Malawi60 and Uganda61) or by the Prosecutor (Burundi62 and Democratic Republic of the Congo63). (iii) The stipulation that specified low-level courts do not enjoy jurisdiction to try offences to which universal jurisdiction attaches (Botswana64 and Nigeria65). (iv) Respect for the immunities from criminal jurisdiction enjoyed by state officials under international law.66 19. The practical problems likely to be faced by AU Member States in exercising universal jurisdiction will probably be the same as those encountered by EU Member States,67 but, given the relative capacity of AU Member States, it stands to reason that the impediment will be greater. No African state is known to have exercised universal jurisdiction effectively. In one state, an indictment was brought against a former African head of state, but proceedings were not pursued. In a decision of July 2006, the AU Assembly mandated the African state                                                              46 Penal Code, Book I, Section, article 3(7). Code of Criminal Procedure, article 669. 48 Penal Code, articles 19 and 20. 49 Implementation of the Rome Statute of the International Criminal Court Act 2002, section 4(3)(b)(c). 50 Geneva Conventions Act 1970, section 3(3). 51 Geneva Conventions Act 1968, section 3(3). 52 See above, note 34. 53 Geneva Conventions Act 2003, section 2(6). 54 Geneva Conventions Act 1960, section 11(1). 55 Geneva Conventions Act 1985, section 3(3). 56 See above, note 34. 57 See above, note 34. 58 See above, note 34. 59 Geneva Conventions Act 1981, section 3(6). 60 Geneva Conventions Act 1967, section 4(3). 61 Geneva Conventions Act 1964, section 1(3). 62 Decree-Law No 1/6 of 1981. 63 Penal Code, Book 1, Section I, article 3. 64 Section 3(3) of the Geneva Conventions Act 1970 provides that a subordinate court shall have no jurisdiction to try grave breaches of the Geneva Conventions. 65 Section 11(2) of the Geneva Conventions Act 1960 provides that a magistrate’s court shall have no jurisdiction to try grave breaches of the Geneva Conventions. 66 But see above in relation to the Democratic Republic of the Congo, Niger and South Africa and to article 12 of the Protocol for the Prevention and the Punishment of the Crime of Genocide, War Crimes and Crimes against Humanity and All Forms of Discrimination 2006. 67 See below, paragraph 25. 47 Version 31 March 09(FINAL)