Us Article 98 Agreements

On the other hand, the bilateral immunity agreements proposed by the United States seek to obtain immunity from a large group of people, without reference to the traditional relations between CANAPÉ and SOMA. This broad layer of people would include anyone found in the territory of the state who enters into the agreement with the United States and who works or has worked for the U.S. government. Government experts said this could also include non-Americans and include citizens of the state in which they are located, effectively preventing that state from taking responsibility for its own citizens. 2003/956 Yesterday, Foreign Minister Colin L. Powell signed an Article 98 agreement with Kazakhstan. This is the third Article 98 signature in the past five days, during which Colombia and the Solomon Islands have also entered into such agreements. These signatures will bring the total number of countries with agreements with the United States to 63. Other nations are expected to sign agreements in the coming weeks. Colombia is the 29th State Party at the International Criminal Court (ICC) to have reached an agreement with the United States under Article 98. The measures taken by the Colombian government show the recognition of States Parties to the Court of Justice that Article 98 of the agreement is an important mechanism under the ICC treaty.

U.S. armed forces, civilian personnel and individuals are currently active in peacekeeping and humanitarian missions in more than 100 countries. Article 98 Agreements under the Rome Statute for the creation of the International Criminal Court allow the United States to refine our friends and allies internationally by providing American citizens with essential protection against the jurisdiction of the International Criminal Court, particularly against political investigations and prosecutions. The bush administration`s position during its first term was to oppose the ratification of the Rome Statute by the United States, believing that Americans would be treated unfairly for political reasons. [39] In addition, the Bush administration has actively adopted a policy of hostility toward the Court of Justice in its international relations, simply exceeding the absence of status, but following the provisions of the American Service-Members` Protection Act[40] to ensure that U.S. citizens are immune to the court and to prevent other states from adhering to the status without regard to U.S. concerns. The United States strongly urged states to enter into “Article 98” agreements, bilateral immunity agreements (BIAs) with the United States, which would guarantee their citizens immunity from the court`s jurisdiction, and threatened to suppress aid to states that refused to agree.

[41] A: The continuation of bilateral immunity agreements is part of a long history of the United States.