Assembly/AU/Dec.672(XXX) Page 1 DECISION ON THE INTERNATIONAL CRIMINAL COURT Doc. EX.CL/1068(XXXII) The Assembly, 1. TAKES NOTE of the Progress Report of the Commission on the Implementation of the Decisions of the Assembly on the International Criminal Court (ICC) and the recommendations of the Open-ended Committee of Ministers of Foreign Affairs on the International Criminal Court (The Open-ended Ministerial Committee); 2. REITERATES: 3. i) the unflinching commitment of the African Union and its Member States to combat impunity and promote democracy, the rule of law and good governance throughout the entire continent, in conformity with the Constitutive Act of the African Union; ii) its previous decisions on the deferral or termination of proceedings against President Omar Al Bashir of the Republic of The Sudan in accordance with Article 16 of the Rome Statute; iii) the need for all Member States, in particular, those that are also State Parties to the Rome Statute, to continue to comply with the Assembly Decisions on the warrant of arrest issued by the ICC against President Al Bashir of The Sudan pursuant to Article 23 (2) of the Constitutive Act of the African Union and Article 98 of the Rome Statute of the ICC; EXPRESSES: i) deep concern with the decision of the Pre-Trial Chamber II of the ICC on the legal obligation of the Republic of South Africa to arrest and surrender President Al Bashir of The Sudan, which is at variance with customary international law and CALLS ON Member States of the African Union, particularly those that are also State Parties to the ICC, to oppose this line of interpretation of their legal obligations under the Rome Statute; ii) the need for Member States to strengthen national and continental judicial and legislative mechanisms to deal with impunity in order to ensure that justice is served in a fair manner; iii) concern at the slow pace of ratification of the Protocol on Amendments to the Protocol of the African Court of Justice and Human and Peoples’ Rights adopted in Malabo, Equatorial Guinea, on 27 June 2014 and ENDORSES the Action Plan for the Ratification of the Malabo Protocol and in this regard, URGES all Member States to ratify the Protocol on 30th Ordinary Session of the Assembly, 28- 29 January 2018, Addis Ababa, Ethiopia