Resolution on the International Criminal Court

We the participants of the Forum of NGOs participating at the 36th Ordinary Session of the African Commission on Human and Peoples’ Rights and the 10th African Human Rights Book Fair, held at Ngor Diarama Hotel, from November 20 – 22, 2004,

Recalling the resolution adopted by the Commission at its 31st Session, held in Pretoria, South Africa regarding the International Criminal Court;

Recalling the Declaration and Plan of Action of Grand-Bay (Mauritius) of 1999 which calls on African States to ratify the Rome Statute;

Mindful of the grave international crimes taking place in various African countries including Democratic Republic of Congo, Sudan, Uganda, Burundi and Cote d’Ivoire;

Recognising that such grave crimes threaten the peace, security and well being of all Africans;

Emphasizing the urgent need to put an end to impunity in the continent by holding those responsible for such crimes accountable;

Call on the African Commission:

1. To recommend member states of the African Union that have not ratified the Rome Statute of the International Criminal Court to urgently do so and those that have ratified the Statute to adopt enabling legislation to give effect to it;

2. To urge the Prosecutor of the International Criminal Court to act independently in the investigation of the international crimes committed in the Democratic Republic of Congo and Uganda irrespective of the alleged perpetrators;

3. To urge States to take all necessary measures to provide full cooperation with the Court;

4. To recommend to African States to ratify the Agreement on Privileges and Immunities of the International Criminal Court;

5. To enjoin member states of the African Union that are members of the United Nations Security Council to oppose in future any resolution that grants exemption from the jurisdiction of the International Criminal Court to the United Nations Peace-keeping Forces;

6. To recommend to the African Union to adopt a resolution calling upon member states not to enter into Bilateral Immunity Agreements (BIA) with the United States of America exempting its citizens from the jurisdiction of the International Criminal Court and secondly, to express serious concern about those member states that have entered into such bilateral agreements and urge them to withdraw from such agreements;

7. To condemn crimes against humanity and all other violations of international humanitarian law being perpetrated in several African countries which threaten peace and development that are core objectives of the Constitutive Act of the African Union;

8. To recommend that States do not encourage impunity by enacting legislation and setting up institutions to exempt perpetrators of gross Human Rights violations from criminal liability.

Done in Dakar, 20th November 2004