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Observations and Recommendations on the International Criminal Court and the African Union in advance of the 17th African Union Summit (30 June-1 July)


I. Introduction

On the occasion of the 17th Ordinary Session of the Assembly of the African Union (AU)-which will take place in Malabo, Equatorial Guinea, from 30 June to 1 July-we, the undersigned African civil society organisations and international organisations with a presence in Africa, write to share our views and make recommendations with regard to matters concerning the International Criminal Court (ICC) and the AU. The document covers seven areas of action, which we believe are critical for African ICC states parties to undertake. As discussed in detail below, we call on African ICC states parties to:

Take clear positions in support of the ICC at African Union summits; Press for justice for serious crimes in violation of international law in Darfur and Kenya; Direct concerns regarding AU deferral requests of ICC situations to the Security Council; Address concerns regarding expansion of the African Court to prosecute serious crimes in violation of international law; Ensure cooperation with the ICC's prosecution of serious crimes committed in Libya; Uphold ICC state party obligations vis-à-vis visits by persons subject to ICC arrest warrants; and Ensure the selection of the most qualified candidate as the next ICC prosecutor through a fair and merit-based process.


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