Assembly/AU/Dec.270(XIV)
Page 1
DECISION ON THE REPORT OF THE SECOND MEETING OF STATES PARTIES TO
THE ROME STATUTE ON THE INTERNATIONAL CRIMINAL COURT (ICC)
DOC. Assembly/AU/8(XIV)
The Assembly,
1.
TAKES NOTE of the Report of the Ministerial Preparatory Meeting on the Rome
Statute of the International Criminal Court (ICC) held in Addis Ababa, Ethiopia on
6 November 2009 in conformity with Decision Assembly/AU/Dec.245(XIII) adopted
in Sirte, Great Libyan Arab Jamahiraya, in July 2009, to prepare for the Review
Conference of States Parties scheduled for Kampala, Uganda in May-June 2010;
2.
ENDORSES the recommendations contained therein, and in particular the
following:
I)
Proposal for amendment to Article 16 of the Rome Statute;
II)
Proposal for retention of Article 13 as is;
III)
Procedural issues: Guidelines for the exercise of prosecutorial discretion by
the ICC Prosecutor;
IV)
Immunities of Officials whose States are not parties to the Rome Statute: the
relationship between articles 27 and 98; and
V)
Proposals regarding the crime of aggression.
3.
REITERATES its commitment to fight impunity in conformity with the provisions of
Article 4(h) of the Constitutive Act of the African Union;
4.
ALSO TAKES NOTE of the Report of the Commission on the 8th Assembly of
States Parties of the ICC (ASP) held in The Hague, Netherlands from 16 to 26
November 2009 and the outcome of the ASP meeting.
5.
WELCOMES the submission by the Republic of South Africa, on behalf of the
African States Parties to the Rome Statute of the ICC of a proposal which
consisted of an amendment to Article 16 of the Rome Statute in order to allow the
United Nations (UN) General Assembly to defer cases for one (1) year in cases
where the UN Security Council would have failed to take a decision within a
specified time frame.
6.
UNDERSCORES the need for African States Parties to speak with one voice to
ensure that the interests of Africa are safeguarded;
Adopted by the Fourteenth Ordinary Session of the Assembly in Addis Ababa, Ethiopia on 2 February 2010