Resolution on the Universality and Respect for the Integrity of the Statute of the International Criminal Court
We the participants, at the Forum on the Participation of NGOs at the 34th Ordinary Session of the African Commission on Human and Peoples’ Rights, and at the 8th Book Fair on Human Rights in Africa, held at the Corinthia Atlantic Hotel, Banjul, from 3rd to 5th November, 2003,
Recalling the resolution adopted by the Commission at its 31st Session, held in Pretoria, South Africa regarding the International Criminal Court;
Expressing satisfaction at the entry into force of the Rome Statute of the International Criminal Court (ICC), on 1st July 2002. This was a decisive step in the fight against impunity for perpetrators of very serious crimes, such as war crimes, crimes against humanity and genocide, and in meeting the aspirations of victims to be tried by an independent justice system;
Expressing satisfaction that the election of the eighteen Judges at the ICC, from 3rd-5th February, 2003, ensured the representation of all the major legal systems, an equitable geographical distribution as well as an equitable representation of men and women;
Taking note of the fact that out of 92 States having ratified the Statute, only 22 are African countries: South Africa, Benin, Botswana, Djibouti Gabon, Gambia, Ghana, Guinea, Mauritius, Lesotho, Malawi, Mali, Namibia, Niger, Nigeria, Uganda, Central African Republic, Democratic Republic of Congo, Republic of Tanzania, Senegal, Sierra Leone, and Zambia;
Exhorts all the Member States of the African Union who have not already done so to comply without delay;
Exhorts all those Member States of the African Union who have already ratified the Statute of the ICC to adapt their local Laws to the provisions of the Statute relating to cooperation, as well as the definitions of crimes and the general principles of International Criminal Law;
Recalling that the Agreement on the Privileges and Immunities of the Court (APIC) is central to Member States’ ensuring respect, within their borders, of those immunities and privileges which guarantee the proper and independent functioning of the Court by protecting officers, staff, victims witnesses and all other persons involved in the business of the Court, its buildings and other resources;
Noting that, to date, the said Agreement has been signed by only 92 countries, of which only 22 are African countries;
Invite the Member States of the African Union to sign and ratify the Agreement on the privileges and immunities of the APIC without delay;
Recalling the resolution adopted by the Joint ACP-EU Parliamentary Assembly, on 3rd April, 2003, in Brazzaville, (Republic of Congo) on the International Criminal Court (ICC) namely in paragraphs B and C 11 to 13 1;
Considering the political pressures being brought to bear worldwide by the Government of the United States of America to persuade State Parties and Signatory States to the Rome Statute as well as non-Signatory States, through an abusive utilization of its article 98, to enter into Bilateral Immunity Agreements aimed at ensuring agents, employees, soldiers or citizens of the United States cannot be handed over to the International Criminal Court.
No country should give in to this pressure particularly the Member States of the ACP and the EU;
Call on Member States of the EU and the ACP countries for their unreserved commitment to the ICC and allow the latter to succeed in preserving its independence, impartiality and its integrity.
Consequently enjoin the Member States of the African Union to refrain from signing bilateral agreements with the United States within the framework of article 98 of the Rome Statute, aimed at exempting American citizens from the jurisdiction of the ICC, even though these agreements are not reciprocal;
Enjoin the member States of the African Union to embark forthwith on an analysis of the legal implications of Resolution 1422 of the Security Council and to vigorously militate against the renewal of UN Security Council Resolution in future.
Done in Banjul, 5 November, 2003
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B.- Despite the political pressures being brought to bear worldwide by the Government of the United States of America to persuade State Parties and Signatory States to the Rome Statutes as well as non-Signatory States, through an abusive utilization of its article 98, to sign Bilateral Immunity Agreements aimed at ensuring agents, employees, soldiers or citizens of the United States cannot be handed over to the International Criminal Court. No country should give in to this pressure particularly the Member States of the ACP and the EU.
C. II Urge Member States of the EU and the ACP countries to be fully committed to the ICC and allow the latter to succeed in preserving its independence, impartiality and its integrity.
12. Call on Governments and National Parliaments of countries associated with the ACP States by different agreements to immediately sign or ratify the Rome Statute of the ICC.
13. Enjoin the member States of the African Union to embark forthwith on an analysis of the legal implications of Resolution 1422 of the Security Council and to vigorously militate against the reiteration of this UN Security Council Resolution in future.
