May 8, 2008 - To urge the African Union Heads of State to add their voice in denouncing ... natural justice and self determination within a sovereign. State. 3.
البرلمان الفريقي FIRST PARLIAMENT (18.03.2004 TO 18.03.2009)
PARLEMENT PANAFRICAIN
PARLAMENTO PAN-AFRICANO NINTH ORDINARY SESSION (MAY O5 TO 16, 2008)
THE PAN AFRICAN PARLIAMENT
MOTION FOR A RESOLUTION OF PARLIAMENT ON THE CONCERNS BY THE REPUBLIC OF RWANDA ON THE INDICTMENTS ISSUED AGAINST TOP CIVIL AND MILITARY LEADERSHIP OF THE REPUBLIC OF RWANDA
MAY 08, 2008, JOHANNESBURG, SOUTH AFRICA.
WHEREAS it is a universally entrenched principle of international law that a State may claim criminal jurisdiction over persons whose alleged cases of torture, war crimes, crimes against humanity and or genocide were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence, or any other relation with the prosecuting country; AND WHEREAS the stance of the African Union in handling cases that may warrant the application of this principle has received judicial notice as expressed in the Hissen Habre case;
DISMAYED BY the recent surge in incidences of such fragrant abuse of international law principles as evident in the form of indictments issued by a French Judge – JEAN LOUIS BRUGUIÈRE and much more recently, a Spanish Judge – ANDREU FERNANDO MERRELLES against some forty civil and military leaders of the Republic of Rwanda; AND TAKING COGNIZANCE of the danger and threat that the abuse and misapplication of such international principles of law may have on an African Union Member State; WE
THE
PAN-AFRICAN
PARLIAMENT
HEREBY
FIRMLY
RESOLVE:
1.
To condemn the action of the said French and Spanish Judges as a blatant affront to the sovereignty of an African Union Member state.
2.
To urge the African Union Heads of State to add their voice in denouncing the attempt on the part of these judges at derogating on the well-established international standards of natural justice and self determination within a sovereign State.
3.
In light of the concerns raised, to urge the African Union Commission
to
take
up
this
concern
through
a
comprehensive study on the subject and do come up with appropriate mechanisms to safeguard the sovereignty of its member states from the consequences of undue abuse and 2
misinterpretation of principles of international law by some states for political gain.
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