ExecutiveOrdersEO
DetDeterminationG.W. Bush · R

Presidential Determination

Waiving the Prohibition on the Use of Economic Support Funds with Respect to Various Parties to the Rome Statute Establishing the International Criminal Court

President George W. Bush waived a congressional prohibition on providing Economic Support Funds to 17 countries that are parties to the Rome Statute establishing the International Criminal Court. The waiver was issued under section 671(b) of a 2008 appropriations act, citing U.S. national interests.

Federal Register Open PDF 74 FR 5099

Impact dates

  1. Determination effective; waiver takes effect

Key directives

  • Waive prohibition on Economic Support Funds for 17 ICC Rome Statute parties
  • Report determination to Congress
  • Arrange publication in Federal Register

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon determination
  • Secretary of State directed to report to Congress and arrange Federal Register publication

Near term (90d)

—

Long term

—

Risks & tensions

  • Reflects ongoing U.S. tension with ICC jurisdiction; waiver suggests pragmatic override of anti-ICC stance
  • Late-term Bush action (January 16, 2009) with Obama inauguration January 20, 2009—limited time for implementation
Presidential Determination: Waiving the Prohibition on the Use of Economic Support Funds with Respect to Various Parties to the Rome Statute Establishing the International Criminal Court · Executive Orders