Section 574 of the FY2005 Consolidated Appropriations Act (H.R. 4818/P.L. 108-447) prohibited assistance to economic assistance funds (ESF) to the government of a country that is a party to the ICC and has not entered into a Section 98 agreement with the United States, with the exception of countries eligible for assistance under the Millennium Challenge Act of 2003. It authorized the President to lift the ban on NATO members and important non-NATO allies in Congress, without notice, if he found and advised the relevant committees that a waiver was in the national security interest of the United States. The president could also waive the ban on economic aid to countries that have concluded agreements with the United States under Article 98. (This provision would probably have been approved for countries that subsequently agreed to enter into such an agreement under Article 98 in order to ensure notification to Congress.) It is not clear to what extent the ICC is compatible with reconciliation processes that grant amnesty to changes in human rights as part of agreements to end conflicts.  Article 16 of the Rome Statute allows the Security Council to prevent the Tribunal from investigating or prosecuting a case, and Article 53 leaves the Prosecutor the discretion not to initiate an investigation if he or she considers that an «investigation would not be in the interests of justice.»  Former ICC President Philippe Kirsch said that «some limited amnesties may be compatible» with a country`s obligations to actually investigate or prosecute under the statute.  The restriction does not appear to apply to regional organizations that could benefit from military assistance. Restrictions on military aid no longer apply to these countries if they agree to sign agreements with the United States in accordance with Article 98 or if the President waives restrictions that he deems justified for a given country, in accordance with national interests.
The United States also sent troops to participate in the United Nations PeaceMaking Mission in Haiti in 2004.103 In April 2004, the United Nations Security Council established the United Nations Stabilization Mission in Haiti (MINUSTAH)104 In June of the same year, President Bush certified: that U.S. soldiers could participate safely because Haiti had signed an agreement under Article 98.105 Despite our differences with the Treaty of Rome, unification Member states respect the decision of nations that have decided to join the ICC; But they, in turn, must respect our decision not to join the ICC or to place our citizens under the jurisdiction of the court. The ICC is the first permanent global tribunal with near-universal jurisdiction to try those accused of war crimes, crimes against humanity, genocide and possibly aggression. While most U.S. allies support the ICC, the Bush administration strongly opposes it and has renounced any U.S. commitment under the treaty. Following the Bush administration`s threat to veto a UN Security Council resolution extending the peacekeeping mission in Bosnia, due to the lack of sufficient guarantees as to the immunity of US participants in ICC prosecutions, the Security Council adopted a resolution to prosecute participants in missions established or authorized by the UN; Whose countries of origin have not ratified the Rome Statute would be postponed for one year. That resolution was extended until 1 July 2004, but was not subsequently extended. In addition, the United States is pursuing bilateral «Article 98» agreements to prevent the extradition of U.S.
citizens to the ICC by other countries. However, what some see as a sign that the government is weakening its stance vis-à-vis the ICC, the US has not exercised its veto power in the Security Council in order to prevent the postponement of a trial against Sudanese leaders for the alleged genocide in Darfur. . . .