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

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