MemoMemorandumG.W. Bush · R

Presidential Memorandum

Certification Concerning U.S. Participation in the United

President Bush certifies that U.S. Armed Forces participating in the UN Stabilization Mission in Haiti (MINUSTAH) are protected from International Criminal Court jurisdiction because Haiti 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.

Impact dates

  1. Submit certification to Congress and arrange Federal Register publication

Key directives

  • Certify that U.S. Armed Forces in MINUSTAH are without risk of ICC criminal prosecution
  • Submit certification to Congress
  • Arrange publication in 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)

Long term

Risks & tensions

  • Reflects U.S. policy of opposing ICC jurisdiction over its personnel; legal basis depends on Haiti's Article 98 agreement validity
Presidential Memorandum: Certification Concerning U.S. Participation in the United · Executive Orders