ExecutiveOrdersEO
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 statutory prohibition on U.S. military assistance to four countries—Belize, Macedonia, Panama, and Fiji—because each had signed Article 98 agreements shielding American personnel from International Criminal Court prosecution. The waiver remains in effect as long as those agreements stay in force.

Federal Register Open PDF 69 FR 2055

Impact dates

  1. Congressional notification and Federal Register publication

Key directives

  • Determine that Belize, Macedonia, Panama, and Fiji have entered into Article 98 agreements
  • Waive section 2007(a) prohibition on military assistance for these countries
  • Report determination to Congress
  • Arrange Federal Register publication

Who is ordered

Timeline

Immediate

  • Waiver takes effect for four named countries
  • 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 agreements remaining in force

Risks & tensions

  • Conditional nature of waiver creates leverage but also uncertainty if agreements lapse
  • Selective waiver approach may create tension with countries not receiving waivers
  • Reflects broader U.S. opposition to ICC jurisdiction over American personnel
Presidential Determination: Waiving Prohibition on United States Military Assistance to Parties to the Rome Statute Establishing the International Criminal Court · Executive Orders