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 the Central African Republic and Guinea, determining that both countries had signed Article 98 agreements shielding U.S. personnel from International Criminal Court jurisdiction. The waiver remains in effect as long as those agreements stay in force.

Federal Register Open PDF 69 FR 21677

Impact dates

  1. Report determination to Congress and arrange Federal Register publication

Key directives

  • Determine Central African Republic and Guinea have Article 98 agreements
  • Waive section 2007(a) prohibition for these countries
  • Report determination to Congress
  • Arrange Federal Register publication

Who is ordered

Timeline

Immediate

  • Waiver takes effect for Central African Republic and Guinea
  • Military assistance prohibition lifted

Near term (90d)

  • Congressional notification by Secretary of State
  • Federal Register publication arranged

Long term

  • Waiver continues indefinitely while Article 98 agreements remain in force

Risks & tensions

  • Reflects U.S. opposition to ICC jurisdiction over American personnel
  • Bilateral pressure tactic to secure immunity agreements
  • Limited to two minor African states; broader pattern of ASPA enforcement
Presidential Determination: Waiving Prohibition on United States Military Assistance to Parties to the Rome Statute Establishing the International Criminal Court · Executive Orders