ExecutiveOrdersEO
DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Waiving Prohibition on United States Military Assistance to Parties to the Rome Statute Establishing the International Criminal Court

This determination waives a prohibition on U.S. military assistance to five countries (Albania, Bosnia and Herzegovina, Djibouti, Mauritius, and Zambia) because each has entered into Article 98 agreements with the U.S. to shield American personnel from International Criminal Court jurisdiction. The waiver remains in effect as long as those agreements stay in force.

Federal Register Open PDF 68 FR 47441

Impact dates

  1. Report determination to Congress and publish in Federal Register

Key directives

  • Determine that five countries have valid Article 98 agreements
  • Waive section 2007(a) prohibition for these countries
  • Report determination to Congress
  • Publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Waiver takes effect for five named countries
  • Military assistance prohibition lifted

Near term (90d)

  • Congressional notification
  • Federal Register publication

Long term

  • Continued waiver contingent on Article 98 agreements remaining in force

Risks & tensions

  • Creates tension with ICC framework and international criminal justice norms
  • Selective waiver approach may pressure non-waiver countries to negotiate Article 98 agreements
  • Conditionality of waiver on agreement duration creates uncertainty
Presidential Determination: Waiving Prohibition on United States Military Assistance to Parties to the Rome Statute Establishing the International Criminal Court · Executive Orders