Africa Accords 2011

Africa Accords 2011
REGRETTING that lives were lost in Darfur and South Sudan due to inaction;
RECOGNIZING that al-Bashir must be tried for his supposed crimes against the people of Africa and Sudan;
REALIZING that, in order to prevent future conflicts, a mechanism for cooperation between the African Union (AU) and government of the Commonwealth of Australia (Australia) must be formed;
UNDERSTANDING that the governments of Australia and the Republic of Chad (Chad) should have approached the AU prior to the arrest of al-Bashir and;
PLEDGING that the AU and all its member states shall take more comprehensive measures to prevent genocide, war crimes, and crimes against humanity across Africa to the full extent of its authority:
I. The governments of the nations of Australia and the Chad shall publicly acknowledge that:
1. the AU had proper jurisdiction in this matter;
2. it would have been best for all involved parties had the AU made the arrest or at least approved of the Australian and Chadian governments doing so.
II. The governments of the nations of the Australia and Chad shall publicly apologize to the nations of Africa and the AU for:
1. not at least consulting the African Union prior to the arrest of al-Bashir;
2. a lack of coordination in said arrest;
3. the breach of the proper diplomatic protocols in relation to said arrest.
III. The AU shall publicly acknowledge that, as a peaceful African organization, it could have done more as a cohesive body to:
1. pressure the al-Bashir administration to end the genocide in Darfur and South Sudan;
2. offer more help or a more permanent solution to the problem in Darfur and South Sudan;
3. offer aid to the government of the Republic of Sudan (Sudan) in disarming the situation;
4. assist those civilians affected.
IV. The AU shall publicly apologize for not taking the steps mentioned in Article III.
V. Former Sudanese President Omar al-Bashir shall be turned over to the AU for trial under the African Court of Justice (ACJ) as a body of the African Union for his supposed crimes against humanity and the Sudanese people.
1. Australian participation in the trial is both welcomed and encouraged as an observer, a witness, and as what in a local criminal trial would be the "arresting officer".
VI. In all futuresituations pertaining to genocide, war crimes, and crimes against humanity within Africa and the Australian Law of Universal Jurisdiction:
1. The government of Australia shall before any other action contact privately the standing Chief Diplomat of the AU about the situation.
2. Following the government of Australia contacting the Chief Diplomat of the AU, a private conference shall be held between the Chief Diplomat, Secretary, and Marshall of the AU regarding the situation.
3. Following said private conference between the Chief Diplomat, Secretary, and Marshall of the AU, the three said elected officials of the AU shall hold a private vote on the matter of the issue presented by the government of Australia whereas a two-thirds agreement must be reached on how to proceed.
4. Should the elected officials of the AU decide to take no action regarding the matter nor allow the government of Australia to take action, then, in order for the government of Australia to take/incite action, it must present its case to the United Nations General Assembly (UNGA).
5. Should the matter brought up by the government of Australia involve one of the elected officials of the AU, then the government of Australia shall bring the matter before the two remaining elected officials of the AU, whereupon the remaining elected officials must come to a consensus on how to proceed.
6. In the unlikely even that the matter brought up by the government of Australia involve two or more of the elected officials of the AU, then it is recognized that the issue is beyond the scope of the government of Australia alone and must be brought before the UNGA whereupon only the United Nations (UN) may take action.
7. In the event of an International Criminal Court (ICC) indictment against the suspected war criminal in question, the indictment shall act as an automatic approval of Australian action against said suspected war criminal should said suspected war criminal both be from and be within a nation party to the Rome Statute.
a. Although an ICC indictment may count as an automatic approval as stated in Article VI, Section 7, it is still strongly advised that the Australian government at least consult and/or inform the AU leadership in regards to their action against the suspected war criminal.
VII. The AU shall hold talks on the proposal of either:
1. Creating a body of the AU for the purpose of apprehending and trying suspected war criminals within Africa or;
2. Expanding the mandate of a current body of the AU, be it the ACJ, Peace and Security Council (PSC), or some other body, to include the apprehension and trial of suspected war criminals within Africa.
VIII. The AU shall hold talks on the proposal of creating a group of special forces contributed by the member states of the AU to be under the control of the AU Marshall. Such a force would be for the purpose of carrying out operations for the apprehension of war criminals indicted by the justice body mentioned in Article VII or, in certain cases, the ICC.
IX. The Chief Diplomat of the AU shall strongly advise the AU member states to vote in favor of the creation of the justice body mentioned in Article VII and the special forces group mentioned in Article VIII alike.
Negotiated on behalf of the AU by Chief Diplomat Jadallah Azzuz at-Talhi.
Negotiated on behalf of the Commonwealth of Australia by Minister of Foreign Affairs Stephen Smith.
Negotiated on behalf of the Republic of Chad by Qpawn Africa.