U.N. Security Council Releases Resolution on Immunity for Peacekeepers

 

Thursday  June 12, 2003

(Security Council renews U.N. peacekeepers' immunity from ICC jurisdiction) (460) The U.N. Security Council June 12 adopted a resolution renewing immunity for U.N. peacekeepers from prosecution for war crimes by the new International Criminal Court (ICC). Adopting resolution 1487 by a vote of 12-0 with France, Germany, and Syria abstaining, the council extended a resolution first passed last year at the insistence of the United States, which fears that U.S. nationals could be subjected to politically motivated prosecutions by the court. It exempts from prosecution U.N. peacekeepers from countries that are not parties to the Rome Statute, which created the ICC. In the resolution, the council also expressed its intention to renew the request each year "for as long as may be necessary." Following is the text of the resolution: (begin text) United Nations New York June 12, 2003 Resolution 1487 The Security Council, Taking note of the entry into force on 1 July 2002, of the Statute of the International Criminal Court (ICC), done at Rome 17 July 1998 (the Rome Statute), Emphasizing the importance to international peace and security of United Nations operations, Noting that not all States are parties to the Rome Statute, Noting that States Parties to the Rome Statute have chosen to accept its jurisdiction in accordance with the Statute and in particular the principle of complementarity, Noting that States not Party to the Rome Statute will continue to fulfill their responsibilities in their national jurisdictions in relation to international crimes, Determining that operations established or authorize by the United Nations Security Council are deployed to maintain or restore international peace and security, Determining further that it is in the interests of international peace and security to facilitate Member States' ability to contribute to operations established or authorized by the United Nations Security Council, Acting under Chapter VII of the Charter of the United Nations, 1. Requests, consistent with the provisions of Article 16 of the Rome Statute, that the ICC, if a case arises involving current or former officials or personnel from a contributing State not a Party to the Rome Statute over acts or omissions relating to a United Nations established or authorized operation, shall for a twelve-month period starting 1 July 2003 not commence or proceed with investigation or prosecution of any such case, unless the Security Council decides otherwise; 2. Expresses the intention to renew the request in paragraph 1 under the same conditions each 1 July for further 12-month periods for as long as may be necessary; 3. Decides that Member States shall take no action inconsistent with paragraph 1 and with their international obligations; 4. Decides to remain seized of the matter.

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