ExecutiveOrdersEO
MemoMemorandumG.W. Bush · R

Presidential Memorandum

Certification Concerning U.S. Participation in the U.N. Mission in Liberia Consistent With Section 2005 of the American Servicemembers' Protection Act

President Bush certifies that U.S. troops in the U.N. Mission in Liberia (UNMIL) are protected from International Criminal Court jurisdiction because U.N. Security Council Resolutions 1497 and 1509 grant exclusive jurisdiction to contributing states. The Secretary of State is directed to submit this certification to Congress and publish it in the Federal Register.

Federal Register Open PDF 68 FR 63975

Impact dates

  1. Submission to Congress and Federal Register publication

Key directives

  • Certify that U.S. Armed Forces in UNMIL are without risk of ICC criminal prosecution
  • Submit certification to Congress
  • Arrange for publication in the Federal Register

Who is ordered

Timeline

Immediate

  • Certification takes effect upon signing
  • Secretary of State directed to submit to Congress and arrange Federal Register publication

Near term (90d)

  • Federal Register publication completed (filed November 7, 2003)

Long term

—

Risks & tensions

  • Reflects ongoing U.S. opposition to ICC jurisdiction over U.S. personnel; ASPA section 2005 creates a statutory framework requiring presidential certification for UN peacekeeping participation
  • Relies on UNSC resolution language that may be contested; exclusivity of jurisdiction is a legal shield against ICC
Presidential Memorandum: Certification Concerning U.S. Participation in the U.N. Mission in Liberia Consistent With Section 2005 of the American Servicemembers' Protection Act · Executive Orders