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 countries that are parties to the International Criminal Court Rome Statute. The waiver applies indefinitely for Afghanistan, DRC, Georgia, and Honduras (which signed Article 98 agreements shielding U.S. personnel), and for 6 months for Guinea (on national security grounds).

Federal Register Open PDF 68 FR 57319

Impact dates

  1. Waiver for Afghanistan, DRC, Georgia, Honduras remains in force as long as Article 98 agreements remain in force

  2. Guinea waiver expires (6 months from determination)

Key directives

  • Waive section 2007(a) prohibition for Afghanistan, DRC, Georgia, and Honduras for duration of Article 98 agreements
  • Waive section 2007(a) prohibition for Guinea for 6 months from determination date
  • Report determination to Congress
  • Arrange Federal Register publication

Who is ordered

Timeline

Immediate

  • Waiver takes effect for five countries upon determination date (September 24, 2003)
  • Secretary of State directed to report to Congress and publish in Federal Register

Near term (90d)

  • Federal Register publication completed (filed October 2, 2003)

Long term

  • Indefinite waiver for four countries contingent on Article 98 agreements remaining in force
  • Guinea waiver expires March 24, 2004 unless extended

Risks & tensions

  • Creates tension between U.S. opposition to ICC jurisdiction and practical need to provide military assistance to strategically important countries
  • Guinea's temporary waiver suggests conditional or reluctant cooperation, potential for future pressure or leverage
  • Article 98 agreements represent bilateral workaround to multilateral treaty obligations, generating diplomatic friction with ICC supporters
Presidential Determination: Waiving Prohibition on United States Military Assistance to Parties to the Rome Statute Establishing the International Criminal Court · Executive Orders