United States Efforts to Undermine the International Criminal Court

Legal Analysis of Impunity Agreements

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The Bush Administration is attempting to negotiate bilateral impunity agreements with numerous countries around the globe. The goal of these agreements is to exempt U.S. military and civilian personnel from the jurisdiction of the ICC. The U.S. argues that such agreements are contemplated under Article 98(2) of the Rome Statute. Human Rights Watch disagrees. Such impunity agreements violate the Rome Statute and should be opposed. If State parties, as well as signatories of the Rome Statute, sign such agreements they would breach their legal obligations under the Rome Statute.
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