International Criminal Court--Article 98 Agreements
Table of Contents: Introduction | List of Countries |
Introduction
The International Criminal Court (ICC) was established on July 17, 1998 when 120 countries adopted the Rome Statute, the treaty establishing the ICC. The Rome Statute entered into force on July 1, 2002. The Rome Statute includes Article 98, which states:
Article 98(2) Cooperation with respect to waiver of immunity and consent to surrender
The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender. [Download the full-text of the Rome Statute.]
The international agreements mentioned in Article 98(2) of the Rome Statute are referred to by several terms, including Article 98 agreements, bilateral immunity agreements (BIAs), impunity agreements, and bilateral non-surrender agreements. Starting in 2002, the United States began negotiating these agreements with individual countries, and has concluded at least one hundred such agreements. Countries that sign these agreements with the United States agree not to surrender Americans to the jurisdiction of the International Criminal Court.
Researchers are often interested in whether an immunity agreement exists between the U.S. and another country. This guide lists those Article 98 agreements published in Treaties in Force (current to January 1, 2005) and any additional agreements posted to the most recent edition of Treaty Actions. The full-text of the agreements was gathered from the U.S. Department of State’s FOIA database. They are listed below by country; all documents are in pdf format.
The U.S. Departments of State reports [press release] that it has concluded 100 agreements. The Coalition for the International Criminal Court lists 99+ agreements in its factsheet on the Status of US Bilateral Immunity Agreements [pdf]. Check with the U.S. State Department page on Article 98 Agreements for updates.
This guide will be updated as new agreements are concluded and become available in full-text. If you have questions about researching the ICC or these agreements, please contact the Wolff Library reference desk at 202-662-4195, or by email intlref@law.georgetown.edu. You may also submit your question via this online form.
List of Countries
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, September 20, 2002; entered into force August 23, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Tirana May 2, 2003; entered into force July 7, 2003.
Agreement regarding the surrender of persons to international tribunals. Exchange of notes at Algiers; April 6 and 13, 2004; entered into force April 13, 2004.
Agreement regarding the surrender of persons to international tribunals. Signed at Washington, May 2, 2005; entered into force October 6, 2005.
Agreement regarding the surrender of persons to the International Criminal Court. Exchange of notes at Washington, September 29, 2003; entered into force September 29, 2003.
Agreement regarding the surrender of persons to the international tribunals. Signed at Yerevan, October 16, 2004; entered into force March 17, 2005.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, February 26, 2003; entered into force August 28, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, August 18, 2003; entered into force March 29, 2004.
Agreement regarding the surrender of persons to the International Criminal Court. Exchange of notes at Washington, December 8, 2003; entered into force December 8, 2003.
Agreement regarding the surrender of persons to international tribunals. Signed at Cotonou, July 25, 2005; entered into force August 25, 2005.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, May 2, 2003; entered into force August 16, 2004.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Sarajevo, May 16, 2003; entered into force July 7, 2003.
Agreement regarding the surrender of persons to international tribunals. Signed at Gaborone, June 30, 2003; entered into force September 28, 2003.
Agreement regarding the surrender of persons to international tribunals. Exchange of notes at Bandar Seri Begwan, February 3 and March 3, 2004; entered into force March 3, 2004.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Ouagadougou, October 2 and 5, 2003; entered into force October 14, 2003.
Agreement regarding the surrender of persons to international tribunals. Signed at Bujumbura, July 5, 2003; entered into force July 24, 2003.
Agreement regarding the non-surrender of persons to the International Criminal Court. Signed at Phnom Penh, June 17, 2003; entered into force June 29, 2005.
Agreement regarding the surrender of persons to international tribunals. Signed at Yaounde, December 1, 2003; entered into force December 1, 2003.
Agreement regarding the surrender of persons to international tribunals. Signed at Washington, April 16, 2004; entered into force November 19, 2004.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington and Bangui, January 13 and 19, 2004; entered into force January 19, 2004.
Agreement regarding the surrender of persons to the International Criminal Court. Exchange of notes at N’Djamena, March 26 and June 30, 2003; entered into force June 30, 2003.
Agreement regarding the surrender of persons of the United States of America to the International Criminal Court. Signed at Bogotá, September 17, 2003; entered into force September 17, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Moroni, June 30, 2004; entered into force June 30, 2004.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Brazzaville, June 2, 2004; entered into force June 2, 2004.
Congo, Democratic Republic of the
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, March 19, 2003; entered into force July 22, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Abidjan, June 30, 2003; entered into force October 16, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, January 24, 2003; entered into force July 2, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Exchange of notes at Washington and Roseau, May 10, 2004; entered into force May 10, 2004.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Santo Domingo, September 13, 2002; entered into force August 12, 2004.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Dili, August 23, 2002; entered into force October 30, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Exchange of notes at Cairo, February 26 and March 5, 2003; entered into force March 5, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at New York, September 25, 2003; entered into force May 6, 2004.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, July 8, 2004; entered into force July 8, 2004.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Suva, December 17, 2003; entered into force December 17, 2003.
Gabon
Agreement regarding the surrender of persons to the International Criminal Court. Exchange of notes at Libreville, February 26 and April 15, 2003; entered into force April 15, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Banjul, October 5, 2002; entered into force June 27, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Tbilsi, February 10, 2003; entered into force June 26, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Accra, April 17, 2003; entered into force October 31, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Exchange of notes at Washington and New York, March 11, 2004; entered into force March 11, 2004.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Conakry, August 23, 2003; entered into force March 25, 2004.
Agreement regarding the surrender of persons to international tribunals. Effected by exchange of notes at Dakar and Bissua, January 28 and February 2, 2005; entered into force February 8, 2005.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Georgetown, December 11, 2003; entered into force May 18, 2004.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Monterrey, January 12, 2004; entered into force January 12, 2004.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at New York, September 19, 2002; entered into force June 30, 2003.
Agreement regarding the surrender of persons to international tribunals. Signed at New Delhi, December 26, 2002; entered into force December 3, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Jerusalem, August 4, 2002; entered into force November 27, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at New York, September 22, 2003; entered into force October 10, 2004.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Tarawa, March 4, 2004; entered into force March 4, 2004.
Agreement regarding the surrender of persons to international tribunals. Signed at Vientaine, December 24, 2003; entered into force December 24, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, October 8, 2003; entered into force November 3, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Skopje, June 30, 2003; entered into force November 12, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Antananarivo, April 23, 2003; entered into force August 4. 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Lilongwe, September 23, 2003; entered into force September 23, 2003.
Agreement regarding the surrender of persons to international tribunals. Signed at Male and Colombo, April 8 and 10, 2003; entered into force July 8, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Majuro, September 10, 2002; entered into force June 26, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at New York, September 17, 2002; entered into force July 6, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, June 25, 2003; entered into force June 30, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, September 24, 2002; entered into force June 30, 2003.
Agreement regarding the surrender of U.S. persons to third parties. Exchange of notes at Washington, June 6, 2003; entered into force June 27, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at New York, September 24, 2003; entered into force November 19, 2003.
Agreement regarding the surrender of persons to international tribunals. Signed at Maputo, June 24, 2003; entered into force March 2, 2004.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, February 26, 2003; entered into force December 4, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Kathmandu, December 31, 2002; entered into force July 22, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Managua, June 4, 2003; entered into force September 12, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Abuja, June 30, 2003; entered into force October 6, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Exchange of notes at Muscat, July 26 and August 1, 2004; entered into force August 1, 2004.
Agreement regarding the surrender of persons to international tribunals. Signed at Washington, July 21, 2003; entered into force November 6, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Koror, September 13, 2002; entered into force July 7, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Panama City, June 23, 2003; entered into force November 6, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, September 30, 2004; entered into force September 30, 2004.
Agreement regarding the surrender of persons to international tribunals. Exchange of notes at Manila, May 9 and 13, 2003; entered into force May 13, 2003.
Agreement regarding the surrender of persons to international tribunals. Signed at Washington, March 4, 2003; entered into force July 11, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Effected by exchange of notes at Washington, January 31, 2005; entered into force January 31. 2005.
Agreement regarding the surrender of persons to the International Criminal Court. Exchange of notes at Libreville and Sao Tome, November 6 and 12, 2003; entered into force November 12, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Dakar, June 19, 2003; entered into force June 27, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Victoria, June 4, 2003; entered into force July 17, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Freetown, March 31, 2003; entered into force May 20, 2003 .
Agreement regarding the surrender of persons to international tribunals. Exchange of notes at Singapore, October 17, 2003; entered into force October 17, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, September 19, 2003; entered into force March 17, 2004.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Colombo, November 22, 2002; entered into force July 4, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Dushanbe, August 26, 2002; entered into force June 23, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Exchange of notes at Bangkok, June 3, 2003; entered into for June 3, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Lome, June 13, 2003; entered into force January 15, 2004.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, March 21, 2003; entered into force March 24, 2004.
Agreement regarding the surrender of persons to the International Criminal Court. Exchange of notes at Tunis, June 5, 2003; entered into force December 22, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Ashgabat, December 25, 2003; entered into force January 30, 2004.
Agreement regarding the surrender of persons to the International Criminal Court. Exchange of notes at Suva and Funafuti, September 19, 2002 and January 9, 2003; entered into force February 3, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, June 12, 2003; entered into force October 23, 2003.
Agreement regarding the surrender of persons to the International Criminal Court. Effected by exchange of notes at Abu Dhabi, January 27 and February 15, 2004; entered into force February 15, 2004.
Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, September 18, 2002; entered into force January 7, 2003.
Agreement regarding the surrender of persons to international tribunals. Exchange of notes at Washington and Sanaa, December 10 and 17, 2003; entered into force December 17, 2003.
Agreement regarding the surrender of persons to international tribunals. Signed at Lusaka, July 1, 2003; entered into force July 2, 2003.
Revised Jan. 2006 (ms/aeb)
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