Encyclopedia > UN Security Council Resolution 1422
United NationsSecurity Council Resolution 1422 of July 12, 2002, determines that the International Criminal Court "ICC, if a case arisesinvolving 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 2002 (there should) not commence or proceed with investigation or prosecution of any such case, unless the Security Council decides otherwise;" and "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."
The full text is available on WikiSource (http://sources.wikipedia.org/wiki/UN_Security_Council_Resolution_1422).
The Resolution was renewed by Resolution 1497 in July 2003, but another proposed renewal was withdrawn by the United States in 2004 after in the context of the abuse of prisoners in Iraq it had become clear that there would not be a majority for the renewal.
Resolution 338 in 1973: calls for a ceasefire in the Yom Kippur War and for implementation of Resolution 242.
Resolution 678 in 1990: Authorizes member states to use all necessary means to uphold and implement resolution 660 and all subsequent relevant resolutions and to restore international peace and security in the area [Kuwait].
Resolution 1559 in September 2, 2004: calls on Syria to cease intervening in Lebanese internal politics, withdraw from Lebanon, and for the disbanding of all Lebanese militias.
Resolution1422 seeks to give perpetual impunity from investigation or prosecution by the recently established International Criminal Court, to nationals of states that have not ratified the Rome Statute accused of genocide, crimes against humanity and war crimes when these persons were involved in operations established or authorized by the UN.
Resolution1422 is contrary to the Rome Statute, the UN Charter and other international law and, therefore, it is not binding on the International Criminal Court or UN member states.
The result of the SecurityCouncil's failure to make a determination as to whether there was a threat to international peace and security means that the decisions in Resolution1422 are not binding decisions under Chapter VII and member states of the United Nations are not obliged to comply with them.
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