Assembly/AU/11 (XIII)
Page 3
that the title of the agenda item should be changed to “prevention, application scope,
impact, and effects of the principle of universal jurisdiction”, as possible alternatives
to the word “abuse” after which they would support it. The African Group, drawing
inspiration from Assembly decision in Sharm el Sheikh, insisted on “abuse of the
principle of universal jurisdiction” as the title. .
13.
Additionally, the African Group in New York met the Representatives of the
Permanent Missions of Peru and Mexico (Rio Group) at their request. They were also
concerned with the choice of the title and further suggested that the African Group
should consider a more neutral title which would not pre-judge the outcome of the
deliberations. The African Group is therefore expected to consider the proposal by
the European Union and the Rio Group on the formulation of the agenda item while
maintaining the essence of the AU Assembly decision.
14.
At the time this report was being prepared, this issue had not been resolved.
V.
CONCLUSIONS AND RECOMMENDATIONS
15.
This Report is submitted for information of progress made within the
framework of the actions taken to implement Decision Assembly/AU/Dec.199 on the
Abuse of the principle of Universal jurisdiction.
16.
The Commission believes that the Recommendations of the Independent
Experts group have gone a long way in putting forward all the concerns expressed by
the African Union and in identifying areas where the application of the principle has
not conformed to international law. The report should serve as a working document
for negotiations at the level of the United Nations. However, the Commission wishes
to note that, during the ministerial Troika held in Luxembourg on 28 April 2009, the
European Union expressed the view that it had not been mandated by states to deal
with this matter
17.
The Commission would like to propose for consideration by the Assembly
through the Executive Council the following:
i.
TAKES NOTE of the Progress Report of the Commission on the
Implementation of Assembly Decision Assembly/AU/Dec.199(XI) adopted
by the Assembly in Sharm El-Sheikh, Egypt, in July 2008 as well as
decision Assembly/AU/Dec.213 (XII) on the Abuse of the Principle of
Universal Jurisdiction adopted in February 2009;
ii.
ALSO TAKES NOTE of the Report of the AU-EU Technical Ad-hoc Expert
Group set up by the 11th AU-EU Ministerial Troika with the mandate to
clarify the respective understanding on the African and EU side on the
principle of universal jurisdiction;
iii.
REITRATES
its
previous
positions
articulated
in
decisions
Assembly/Dec.199(XI) and Assembly/Dec.213(XII) adopted in Sharm el
Sheikh and Addis Ababa in July 2008 and February 2009 respectively to
the effect that there has been blatant abuse of the principle of universal