    [Public Papers of the Presidents of the United States: George W. Bush (2008, Book I)]
    [March 26, 2008]
    [Page 423]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Memorandum on Certification Concerning U.S. Participation in the United
    Nations-African Union Mission in Darfur Under Section 2005 of the
    American Servicemembers' Protection Act
    March 26, 2008

    Memorandum for the Secretary of State

    Subject: Certification Concerning U.S. Participation in the United
    Nations-African Union Mission in Darfur Under Section 2005 of the
    American Servicemembers' Protection Act

        Consistent with section 2005 of the American Servicemembers'
    Protection Act (Public Law 107-206; 22 U.S.C. 7421 et seq.), concerning
    the participation of members of the Armed Forces of the United States in
    certain United Nations peacekeeping and peace enforcement operations, I
    hereby certify that members of the U.S. Armed Forces participating in
    the United Nations-African Union Mission in Darfur (UNAMID) are without
    risk of criminal prosecution or other assertion of jurisdiction by the
    International Criminal Court (ICC) because the United Nations Security
    Council has permanently exempted members of the U.S. Armed Forces
    participating in UNAMID from criminal prosecution or other assertion of
    jurisdiction by the ICC for actions undertaken by them in connection
    with UNAMID by deciding, in Resolution 1593 (2005), that ``personnel
    from a contributing state outside Sudan which is not a party to the Rome
    Statute of the International Criminal Court shall be subject to the
    exclusive jurisdiction of that contributing State for all alleged acts
    or omissions arising out of or related to operations in Sudan
    established or authorized by the Council or the African Union, unless
    such exclusive jurisdiction has been expressly waived by that
    contributing State.''
        You are authorized and directed to submit this certification to the
    Congress and arrange for its publication in the Federal Register.

                                                              George W. Bush

    Note: This memorandum was released by the Office of the Press Secretary
    on March 27, and it was not received for publication in the Federal
    Register.