In 2002, the U.S. Congress passed the
American Service-Members' Protection Act (ASPA). Section 2007(a) of the ASPA included a
prohibition of military assistance to the governments of countries that are parties to the ICC. However, Section 2007(c) included an
Article 98 waiver, which allowed the President to waive the prohibition of military assistance set out in Section 2007(a). President Bush has issued waivers at various times and these can be found by searching the
Weekly Compilation of Presidential Documents available at GPOAccess.
