[Weekly Compilation of Presidential Documents Volume 44, Number 12 (Monday, March 31, 2008)]
[Pages 430-431]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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.

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