DetDeterminationG.W. Bush · R

Presidential Determination

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

President Bush waived a prohibition on U.S. military assistance to Colombia under the American Servicemembers' Protection Act, determining that Colombia had entered into an Article 98 agreement shielding U.S. personnel from International Criminal Court jurisdiction. The waiver remains in effect as long as the agreement stays in force.

Impact dates

  1. Congressional notification and Federal Register publication

Key directives

  • Determine Colombia has Article 98 agreement protecting U.S. personnel from ICC
  • Waive section 2007(a) prohibition on military assistance to Colombia
  • Report determination to Congress
  • Arrange Federal Register publication

Who is ordered

Timeline

Immediate

  • Waiver takes effect for Colombia upon determination
  • Military assistance prohibition lifted

Near term (90d)

  • Congressional notification by Secretary of State
  • Federal Register publication arranged

Long term

  • Continued military assistance contingent on Article 98 agreement remaining in force

Risks & tensions

  • U.S. opposition to ICC jurisdiction creates friction with international law framework
  • Conditional nature of waiver ties aid to bilateral agreement durability
  • Potential tension with human rights accountability for Colombian military units
Presidential Determination: Waiving Prohibition on United States Military Assistance to Parties to the Rome Statute Establishing the International Criminal Court · Executive Orders