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

President Bush waived prohibitions on U.S. military assistance to countries that are parties to the International Criminal Court (ICC) Rome Statute. The waiver applies permanently to seven countries (Antigua and Barbuda, Botswana, East Timor, Ghana, Malawi, Nigeria, Uganda) that signed Article 98 agreements protecting U.S. personnel from ICC prosecution, and temporarily for six months to Romania which had not yet signed such an agreement.

Impact dates

  1. Romania temporary waiver expires

Key directives

  • Waive section 2007(a) prohibition for seven countries with Article 98 agreements for duration of agreements
  • Waive section 2007(a) prohibition for Romania for 6 months from November 1, 2003
  • Report determination to Congress
  • Arrange Federal Register publication

Who is ordered

Timeline

Immediate

  • Waiver takes effect for seven countries with Article 98 agreements
  • Six-month temporary waiver begins for Romania

Near term (90d)

  • Romania temporary waiver continues; expires around May 1, 2004 unless extended

Long term

  • Permanent waiver continues for seven countries as long as Article 98 agreements remain in force

Risks & tensions

  • Creates tension with ICC framework by using bilateral agreements to circumvent court jurisdiction
  • Romania's temporary status suggests pressure to sign Article 98 agreement or lose assistance
  • Potential friction with EU members over ICC non-cooperation policy
Presidential Determination: Waiving Prohibition on United States Military Assistance to Parties to the Rome Statute Establishing the International Criminal Court · Executive Orders