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MemoMemorandumObama · D Quiet signal

Presidential Memorandum

Certification Concerning U.S. Participation in the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic Consistent With Section 2005 of the American Servicemembers' Protection Act

The President certified to Congress that U.S. Armed Forces participating in the UN peacekeeping mission in the Central African Republic are protected from International Criminal Court jurisdiction because the host country has an Article 98 agreement with the U.S. The Secretary of State is directed to submit this certification to Congress and publish it in the Federal Register.

Federal Register Open PDF 79 FR 69749

Impact dates

  1. Certification issued and directed to Congress and Federal Register

Key directives

  • Certify ICC non-jurisdiction for U.S. forces in UN mission in Central African Republic
  • Submit certification to Congress
  • Publish certification in Federal Register

Who is ordered

Timeline

Immediate

  • Certification issued to Congress
  • Federal Register publication directed

Near term (90d)

—

Long term

  • Continued U.S. participation in UN peacekeeping mission without ICC jurisdictional risk

Risks & tensions

  • Narrow technical certification under ASPA Section 2005; no policy change but reinforces U.S. non-party status to ICC
  • Potential tension with ICC supporters and human rights advocates who view Article 98 agreements as undermining international accountability
  • Document does not specify deadline for Federal Register publication, only that it be done
Presidential Memorandum: Certification Concerning U.S. Participation in the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic Consistent With Section 2005 of the American Servicemembers' Protection Act · Executive Orders