The government has claimed that these agreements meet the requirements of Article 98(2) of the ICC Rome Statute: Bilateral Immunity Agreements (BBI) guarantee that other countries will hand over Americans wanted by the ICC to the United States, not to the Court of Justice. The intention of the BIAs was to ensure that Americans were not extradited to the ICC without U.S. authorization. The BIBI are still in force to this day, although anti-ICC sanctions against countries that reject the agreements have been lifted. None of these agreements have ever been implemented. A: The nations that negotiated the drafting of the Statute did so with full reference to international law and with diligence to address possible conflicts between the Rome Statute and existing international obligations. The authors acknowledged that some nations had earlier agreements, such as.B. Status of Forces Agreements (SOFAs), which required them to send home nationals of another country (the “sending State”) if a crime had been committed. Thus, Article 98, paragraph 2, was developed to remedy any divergences that may arise from these existing agreements and to allow for cooperation with the ICC. The article also gives priority to the “sending State” to pursue an investigation into crimes allegedly committed by its nationals.
This provision is in line with the principle of complementarity of status, which gives the country of the accused`s nationality the first opportunity to investigate an alleged case of genocide, war crimes or crimes against humanity and, where appropriate, to bring them to justice. . . .