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 prohibition on U.S. military assistance to six countries (Bulgaria, Estonia, Latvia, Lithuania, Slovakia, Slovenia) that are parties to the Rome Statute establishing the International Criminal Court. The waiver applies only to specific military projects supporting NATO integration or Operations Enduring Freedom and Iraqi Freedom.

Federal Register Open PDF 68 FR 66693

Impact dates

  1. Arrange Federal Register publication

  2. Report determination and Memorandum of Justification to Congress

Key directives

  • Waive prohibition on military assistance for six specified countries
  • Limit waiver to specific projects for NATO integration or Operation Enduring Freedom/Operation Iraqi Freedom
  • Report determination and Memorandum of Justification to Congress
  • Arrange Federal Register publication

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon determination
  • Report to Congress authorized

Near term (90d)

  • Federal Register publication arranged

Long term

  • NATO integration support for six nations
  • Ongoing military operations support

Risks & tensions

  • Balances ICC accountability concerns against NATO expansion priorities
  • Narrowly tailored to avoid broad endorsement of ICC jurisdiction
  • Potential tension with ASPA's broader purpose of protecting U.S. personnel from ICC prosecution
Presidential Determination: Waiving Prohibition on United States Military Assistance to Parties to the Rome Statute Establishing the International Criminal Court · Executive Orders