Assembly/AU/11 (XIII) Page 1 AU-EU Technical Ad hoc Expert Group on the Principle of Universal Jurisdiction EXECUTIVE SUMMARY I. INTRODUCTION 1. The Assembly of the African Union (AU) in their 11th Summit meeting held in Sharm el Sheik, Egypt in July, 2008 received the Report of the Commission on the Abuse of Universal Jurisdiction. Thereupon, it requested the Chairperson of the AU Commission urgently to arrange a meeting between the African Union and the European Union (EU) to discuss the issue of the exercise of universal jurisdiction by European states, with a view to finding a lasting solution to concerns expressed by the African side. 2. Thus during the 10th and 11th meetings of the AU-EU Ministerial Troika held on 16 September 2008 (Brussels) and 20-21 November 2008 (Addis Ababa) the issue of application of the principle of universal jurisdiction by states in the context of the relationship between the AU and EU was thoroughly discussed. 3. In their Joint Communiqué issued at the close of the 11th AU-EU Ministerial Troika meeting it was reported that: The two parties recognized that the issue has negative consequences for the relationship between the EU and the African side. Ministers agreed to continue discussions on the issue and to set up a technical ad hoc expert group to clarify the respective understanding on the African and EU side on the principle of universal jurisdiction, and to report to the next Ministerial Troika meeting, with a preliminary report to be submitted before the end of January 2009.’ 4. An advisory Technical Ad hoc Expert Group was constituted by both the AU and EU in January 2009. The Group comprised of the following members: (a) From the African Union (i) Dr Mohammed Bedjaoui (Algeria), former Judge and President of the International Court of Justice, the Hague, the Netherlands. (ii) Dr Chaloka Beyani (Zambia), Senior Lecturer, London School of Economics, U.K. and Legal Advisor to the International Conference on the Great Lakes. (iii) Professor Chris Maina Peter (Tanzania), Professor of Law, University of Dar es Salaam, Tanzania and Member of the United Nations Committee on the Elimination of All Forms of Racial Discrimination (CERD). (b) From the European Union (i) Professor Antonio Cassese (Italy), Professor of Law and former President of the International Criminal Tribunal for the Former Yugoslavia (ICTY). (ii) Professor Pierre Klein (Belgium), Professor, Department of Political Science, Free University of Brussels. Version 31 March 09(FINAL)