08-15-2025

Presidential Determination and Certification with Respect to the Child Soldiers Prevention Act of 2008

DeterminationView the Original .pdf
View the Original .pdf

The 1-Minute Brief

What: Presidential Determination No. 2025–10 waives a federal law that prohibits the U.S. from providing military assistance to countries that use child soldiers. This specific waiver allows military aid to continue to Turkey, a NATO ally. The President has certified that the waiver is in the national interest of the United States and that Turkey is taking steps to address the issue.

Money: The waiver allows for the continuation of U.S. arms sales and military assistance. Between FY2022 and FY2025, previous waivers have allowed over $312 million in arms sales and military aid to Turkey that would have otherwise been prohibited. In May 2025, the U.S. approved a potential $304 million missile sale to Turkey.

Your Impact: For the average American, the direct impact is minimal. The primary effect is on foreign policy, allowing taxpayer funds to be used for military aid to a key strategic partner, despite concerns over its support for groups that have used child soldiers. This prioritizes geopolitical strategy and alliance cohesion over the immediate enforcement of human rights-related sanctions.

Status: The Presidential Determination was signed on August 4, 2025, and published in the Federal Register on August 15, 2025. It is an executive action and is currently in effect.

What's Actually in the Document

This Presidential Determination is a formal executive action that bypasses sanctions under the Child Soldiers Prevention Act of 2008 (CSPA). The CSPA is designed to stop the U.S. from providing military aid and arms sales to governments that recruit or use child soldiers, or support armed groups that do. The law, however, allows the President to issue a waiver if it is deemed to be in the "national interest."

Core Provisions:

  • The President officially determines it is in the national interest of the United States to waive the prohibition on military aid to Turkey.
  • The President certifies that the Government of Turkey is taking "effective and continuing steps to address the problem of child soldiers."
  • The waiver specifically applies to the prohibition listed in section 404(a) of the Child Soldiers Prevention Act of 2008.
  • The Secretary of State is directed to submit this determination to Congress and publish it.

Stated Purpose (from the Sponsors):

The explicit purpose stated in the document is to serve the "national interest of the United States." Supporters of such waivers argue they are necessary to maintain relationships with critical allies in volatile regions, ensure interoperability within alliances like NATO, and pursue broader strategic goals that outweigh the specific issue prompting the sanctions.

Key Facts:

Affected Sectors: Foreign Policy, Defense, International Trade, Human Rights.
Timeline: The waiver became effective on the date of the presidential memorandum, August 4, 2025.
Scope: The action is specific to the Government of Turkey and lifts restrictions on certain U.S. military aid and arms sales that would otherwise be blocked by the CSPA.

The Backstory: How We Got Here

Timeline of Events:

The Child Soldiers Prevention Act Era (2008-Present):

  • 2008: The Child Soldiers Prevention Act (CSPA) is signed into law, banning certain forms of U.S. military assistance to governments complicit in the use of child soldiers. The law includes a provision for presidential waivers based on national interest.
  • 2021: Turkey is added to the CSPA list for the first time, making it the first NATO ally to be included. The designation was based on the State Department's finding that Turkey was providing "tangible support" to the Sultan Murad Division, a Syrian opposition group that recruited and used child soldiers.
  • 2021-2024: Despite being listed in 2021, 2023, and 2024, Turkey has received presidential waivers each year, allowing military assistance to continue. These waivers have facilitated over $312 million in aid and sales. The State Department notes Turkey's support for the Syrian National Army (SNA), an umbrella group that includes factions that have used child soldiers, was ongoing as of April 2023.

Why Now? The Political Calculus:

  • Strategic Importance: Turkey is a critical NATO ally, and maintaining a strong defense partnership is a priority for the U.S., particularly concerning regional security in the Middle East and the Black Sea. Recent high-level defense meetings in 2025 have focused on strengthening ties.
  • Geopolitical Context: Strained relations over the past decade have recently improved, partly due to Turkey's approval of Sweden's NATO accession in exchange for the opportunity to buy U.S. F-16 fighter jets. The current geopolitical landscape, including the situation in post-Assad Syria and Ukraine, increases Turkey's strategic value as a partner.
  • Transactional Diplomacy: The waiver is consistent with a foreign policy approach that prioritizes transactional agreements and maintaining alliances, even where there are conflicting values on issues like human rights.

Your Real-World Impact

The Direct Answer: This action primarily affects U.S. foreign policy and the defense industry, with little direct, immediate impact on most Americans.

What Could Change for You:

Potential Benefits:

  • National Security: Proponents argue that by strengthening a key NATO ally, this waiver contributes to regional stability and U.S. national security interests.
  • Economic Activity: Continued military sales to Turkey support jobs in the U.S. defense manufacturing sector.

Possible Disruptions or Costs:

Short-term (1-2 years):

  • Use of Tax Dollars: Your tax dollars will continue to fund military assistance and arms sales to a government that has been formally cited for its connection to the use of child soldiers.
  • Moral Hazard: Critics argue that repeatedly issuing waivers sends a message that the U.S. is not serious about enforcing human rights laws, potentially encouraging impunity.

Long-term:

  • Foreign Policy Precedent: The consistent use of "national interest" waivers may weaken the intended impact of human rights legislation passed by Congress, making such laws appear symbolic rather than binding.

Who's Most Affected:

Primary Groups: U.S. and Turkish military and diplomatic officials, U.S. defense contractors, and human rights organizations.
Secondary Groups: Syrian and Libyan populations in conflict zones where Turkish-backed armed groups operate.
Regional Impact: The decision has the most significant impact on the Middle East and Eastern Europe, where Turkey is a major military and political actor.

Bottom Line: This presidential action uses a legal loophole to prioritize the strategic military alliance with Turkey over the enforcement of a U.S. law designed to protect children in armed conflict.

Where the Parties Stand

Republican Position: "Prioritizing National Security"

Core Stance: Generally supportive of executive actions that bolster key military allies, particularly fellow NATO members, viewing a strong Turkey as vital to regional stability.

Their Arguments:

  • ✓ A strong military relationship with Turkey is essential for countering regional threats and maintaining U.S. influence.
  • ✓ Supporting a NATO ally's defense capabilities is a core national security priority.
  • ⚠️ While human rights are a consideration, the strategic necessity of the alliance must take precedence in this case.
  • ✗ Oppose allowing human rights concerns to create rifts with critical defense partners.

Legislative Strategy: Likely to support the President's use of the waiver authority and resist congressional attempts to block or place further conditions on aid to Turkey.

Democratic Position: "Balancing Alliances with Human Rights"

Core Stance: Often more divided, with a faction emphasizing human rights and the rule of law in foreign policy, potentially criticizing the waiver.

Their Arguments:

  • ✓ Acknowledge Turkey's strategic importance as a NATO ally.
  • ⚠️ Concerned that waiving the CSPA undermines U.S. credibility on human rights and ignores the gravity of using child soldiers.
  • ✗ Oppose providing unconditional military support to governments linked to human rights abuses.

Legislative Strategy: May involve calls for greater oversight, hearings on the human rights situation in Turkey, or attempts to introduce legislation that would make such waivers more difficult to issue in the future.

Constitutional Check

The Verdict: ✓ Constitutional

Basis of Authority:

The President's power to issue this waiver does not come directly from the Constitution, but from the authority explicitly granted to the executive branch by Congress within the text of the Child Soldiers Prevention Act of 2008.

Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c–l): The law specifies that the President may waive the application of the prohibitions if he "determines that such waiver is in the national interest of the United States."

Constitutional Implications:

Delegated Authority: This is a clear example of Congress delegating discretionary foreign policy authority to the President. The executive branch is implementing the law precisely as written by the legislative branch.
Precedent: Presidential "national interest" waivers are a common feature of U.S. sanctions and foreign aid laws, allowing for flexibility in foreign policy implementation.
Federalism: This issue is exclusively within the realm of federal power (foreign policy and national security) and has no implications for states' rights.

Potential Legal Challenges:

Legal challenges are highly unlikely to succeed. Because Congress explicitly provided the President with the authority to issue this waiver, a court would almost certainly find the action to be a legitimate exercise of statutory power. Any challenges would likely come in the form of political pressure from human rights organizations and critical members of Congress, not lawsuits.

Your Action Options

TO SUPPORT THIS WAIVER

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I support the President's national interest waiver for Turkey under the CSPA to maintain our strategic alliance."

30-Minute Deep Dive:

  • Write a Detailed Email: Contact members of the House Foreign Affairs Committee and Senate Foreign Relations Committee to express your support for prioritizing the U.S.-Turkey defense relationship.
  • Join an Organization: Look into organizations that focus on strengthening U.S.-Turkey relations or promoting a strong NATO alliance.

TO OPPOSE THIS WAIVER

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I urge [Rep./Sen. Name] to oppose the CSPA waiver for Turkey. U.S. law should not be waived for countries complicit in the use of child soldiers."

30-Minute Deep Dive:

  • Write a Letter to the Editor: Submit a letter to your local newspaper arguing that providing military aid under these circumstances undermines American values and the rule of law.
  • Join an Organization: Support international human rights groups that campaign against the use of child soldiers, such as Human Rights Watch, Amnesty International, or the Stimson Center.