INTERNATIONAL CRIMINAL COURT--ARTICLE 98 AGREEMENTS

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Table of Contents

 

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

 

Afghanistan

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, September 20, 2002; entered into force August 23, 2003.

Albania

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Tirana May 2, 2003; entered into force July 7, 2003.

Algeria

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.

Angola

Agreement regarding the surrender of persons to international tribunals. Signed at Washington, May 2, 2005; entered into force October 6, 2005.

Antigua and Barbuda

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.

Armenia

Agreement regarding the surrender of persons to the international tribunals. Signed at Yerevan, October 16, 2004; entered into force March 17, 2005.

Azerbaijan

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, February 26, 2003; entered into force August 28, 2003.

Bangladesh

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, August 18, 2003; entered into force March 29, 2004.

Belize

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.

Benin

Agreement regarding the surrender of persons to international tribunals. Signed at Cotonou, July 25, 2005; entered into force August 25, 2005.

Bhutan

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, May 2, 2003; entered into force August 16, 2004.

Bosnia-Herzegovina

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Sarajevo, May 16, 2003; entered into force July 7, 2003.

Botswana

Agreement regarding the surrender of persons to international tribunals. Signed at Gaborone, June 30, 2003; entered into force September 28, 2003.

Brunei

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.

Burkina Faso

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.

Burundi

Agreement regarding the surrender of persons to international tribunals. Signed at Bujumbura, July 5, 2003; entered into force July 24, 2003.

Cambodia

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.

Cameroon

Agreement regarding the surrender of persons to international tribunals. Signed at Yaounde, December 1, 2003; entered into force December 1, 2003.

Cape Verde

Agreement regarding the surrender of persons to international tribunals. Signed at Washington, April 16, 2004; entered into force November 19, 2004.

Central African Republic

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.

Chad

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.

Colombia

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.

Comoros

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Moroni, June 30, 2004; entered into force June 30, 2004.

Congo

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.

Cote D’Ivoire

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Abidjan, June 30, 2003; entered into force October 16, 2003.

Djibouti

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, January 24, 2003; entered into force July 2, 2003.

Dominica

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.

Dominican Republic

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Santo Domingo, September 13, 2002; entered into force August 12, 2004.

East Timor

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Dili, August 23, 2002; entered into force October 30, 2003.

Egypt

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.

Equatorial Guinea

Agreement regarding the surrender of persons to the International Criminal Court. Signed at New York, September 25, 2003; entered into force May 6, 2004.

Eritrea

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, July 8, 2004; entered into force July 8, 2004.

Fiji

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.

The Gambia

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Banjul, October 5, 2002; entered into force June 27, 2003.

Georgia

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Tbilsi, February 10, 2003; entered into force June 26, 2003.

Ghana

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Accra, April 17, 2003; entered into force October 31, 2003.

Grenada

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.

Guinea

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Conakry, August 23, 2003; entered into force March 25, 2004.

Guinea Bissau

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.

Guyana

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Georgetown, December 11, 2003; entered into force May 18, 2004.

Haiti

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Monterrey, January 12, 2004; entered into force January 12, 2004.

Honduras

Agreement regarding the surrender of persons to the International Criminal Court. Signed at New York, September 19, 2002; entered into force June 30, 2003.

India

Agreement regarding the surrender of persons to international tribunals. Signed at New Delhi, December 26, 2002; entered into force December 3, 2003.

Israel

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Jerusalem, August 4, 2002; entered into force November 27, 2003.

Kazakhstan

Agreement regarding the surrender of persons to the International Criminal Court. Signed at New York, September  22, 2003; entered into force October 10, 2004.

Kiribati

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Tarawa, March 4, 2004; entered into force March 4, 2004.

Laos

Agreement regarding the surrender of persons to international tribunals. Signed at Vientaine, December 24, 2003; entered into force December 24, 2003.

Liberia

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, October 8, 2003; entered into force November 3, 2003.

Macedonia

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Skopje, June 30, 2003; entered into force November 12, 2003.

Madagascar

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Antananarivo, April 23, 2003; entered into force August 4. 2003.

Malawi

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Lilongwe, September  23, 2003; entered into force September 23, 2003.

Maldives

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.

Marshall Islands

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Majuro, September 10, 2002; entered into force June 26, 2003.

Mauritania

Agreement regarding the surrender of persons to the International Criminal Court. Signed at New York, September 17, 2002; entered into force July 6, 2003.

Mauritius

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, June 25, 2003; entered into force June 30, 2003.

Micronesia

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, September 24, 2002; entered into force June 30, 2003.

Mongolia

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.

Morocco

Agreement regarding the surrender of persons to the International Criminal Court. Signed at New York, September 24, 2003; entered into force November 19, 2003.

Mozambique

Agreement regarding the surrender of persons to international tribunals. Signed at Maputo, June 24, 2003; entered into force March 2, 2004.

Nauru

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, February 26, 2003; entered into force December 4, 2003.

Nepal

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Kathmandu, December 31, 2002; entered into force July 22, 2003.

Nicaragua

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Managua, June 4, 2003; entered into force September 12, 2003.

Nigeria

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Abuja, June 30, 2003; entered into force October 6, 2003.

Oman

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.

Pakistan

Agreement regarding the surrender of persons to international tribunals. Signed at Washington, July 21, 2003; entered into force November 6, 2003.

Palau

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Koror, September 13, 2002; entered into force July 7, 2003.

Panama

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Panama City, June 23, 2003; entered into force November 6, 2003.

Papua New Guinea

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, September 30, 2004; entered into force September 30, 2004.

Philippines

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.

Rwanda

Agreement regarding the surrender of persons to international tribunals. Signed at Washington, March 4, 2003; entered into force July 11, 2003.

Saint Kitts and Nevis

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.

Sao Tome and Principe

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.

Senegal

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Dakar, June 19, 2003; entered into force June 27, 2003.

Seychelles

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Victoria, June 4, 2003; entered into force July 17, 2003.

Sierra Leone

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Freetown, March 31, 2003; entered into force May 20, 2003 .

Singapore

Agreement regarding the surrender of persons to international tribunals. Exchange of notes at Singapore, October 17, 2003; entered into force October 17, 2003.

Solomon Islands

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, September 19, 2003; entered into force March 17, 2004.

Sri Lanka

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Colombo, November 22, 2002; entered into force July 4, 2003.

Tajikistan

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Dushanbe, August 26, 2002; entered into force June 23, 2003.

Thailand

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.

Togo

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Lome, June 13, 2003; entered into force January 15, 2004.

Tonga

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, March 21, 2003; entered into force March 24, 2004.

Tunisia

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.

Turkmenistan

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Ashgabat, December 25, 2003; entered into force January 30, 2004.

Tuvalu

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.

Uganda

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, June 12, 2003; entered into force October 23, 2003.

United Arab Emirates

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.

Uzbekistan

Agreement regarding the surrender of persons to the International Criminal Court. Signed at Washington, September 18, 2002; entered into force January 7, 2003.

Yemen

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.

Zambia

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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