Bilateral Immunity Agreements

General Bantz Craddock, Head of US Southern Command, voiced serious concern about the US BIA policy to US Congress on 9 March 2005 and again on 14 and 16 March 2006. Credit: Air Force 1st Lt. Rebecca Garland.

This page provides a comprehensive compilation of NGO, government and inter-governmental documents related to US-proposed bilateral agreements seeking to ensure the non-surrender of US personnel � including both US nationals and foreign contractors working for the United States � to the International Criminal Court. These agreements are alternately referred to as so-called "Article 98" agreements, bilateral immunity agreements (BIAs), impunity agreements or bilateral non-surrender agreements.

This page contains: Background Documents, NGO and Academic Papers and Reports, Government and Inter-governmental Reports and Statements, and NGO Media Statements. CICC members' media statements are also available in the Press Room.

Another section also has specific information on US legislation that restricts US foreign assistance to countries that do not sign these bilateral immunity agreements.

Factsheets

Author		Date
CICC	Status of U.S. Bilateral Immunity Agreements by region	14 Dec 2006

CICC	List of Countries that Oppose Bilateral Immunity Agreements and Details on US aid Cuts and Threats	16 Nov 2006

CICC	Comments by US Officials on the Negative Impact of Bilateral Immunity Agreements (BIAs) and the American Servicemembers� Protection Act (ASPA)	16 Nov 2006

CICC	Developments on U.S. Bilateral Immunity Agreements: U.S. Removes Military Training Sanctions from its BIA Campaign through Limited Congressional Amendment and Presidential Waivers	31 Oct 2006

CICC	Country positions on Bilateral Immunity Agreements (chronological archive)	28 Aug 2006

CICC	Quotes from High Officials Opposing the US BIA Campaign	27 Aug 2006

CICC	Q&A: U.S. Bilateral Immunity Agreements (or so-called "Article 98" Agreements)	23 Aug 2006

Show 4 Remaining Documents

Government and Inter-governmental Documents

Author	Date and Title
White House, Office of the Press Secretary	20 June 2008 Waiving the Prohibition on the Use of Economic Support Funds with Respect to Various Parties to the Rome Statute Establishing the International Criminal Court English

White House, Office of the Press Secretary	28 Jan 2008 President Bush Signs H.R. 4986, the National Defense Authorization Act for Fiscal Year 2008 into Law English

Government of Costa Rica	07 Oct 2006 Canciller Stagno expresa complacencia por decision del Presidente Bush/ MFA Stagno welcomed President Bush's decision Spanish

White House Office of the Press Secretary	02 Oct 2006 Memorandum for the Secretary of State: Waiving Prohibition on United States Military Assistance with Respect to Various Parties to the Rome Statute Establishing the International Criminal Court English

USA	12 Oct 2005 United States Defends Position on International Criminal Court English

MERCOSUR	20 June 2005 Presidential Declaration on the "Committment of the MERCOSUR to the Rome Statute of the International Criminal Court", adopted at the XXVIII Meeting of the Council in Asuncion (Paraguay) Spanish English

ACP - EU Joint Parliamentary Assembly	15 Oct 2003 EU Joint Parliamentary Assembly - Resolution on the situation in West Africa, adopted by the African, Carribean, and Pacific Group of States - European Union Joint Parliamentary Assembly (with specific reference to the International Criminal Court in para English

Show 17 Remaining Documents

NGO Letters, Papers, Reports, and Statements

Author		Date
CICC	Open Letter from the CICC Supporting Kenya�s Resistance to a Bilateral Immunity Agreement with the US	20 July 2005

WFA	Sanctioning Allies - Effects of the Article98 Campaign	01 Dec 2003

WICC	Sanctioning Allies: Effects of the �Article 98� Campaign	24 Nov 2003

HRW	Letter to Colin Powell	01 July 2003

AI	Nicaragua: Legal concern/Impunity, USA	19 June 2003

James Crawford SC, Philip Sands SC and Ralph Wilde	Joint Legal Opinion by James Crawford SC, Philip Sands SC and Ralph Wilde, on bilateral agreements sought by the US under Article 98 (2) (28 pages)	16 June 2003

HRW	Background document on bilateral immunity agreements including suggested negotiating strategies and a table indicating signatories, those countries that have rejected signature, and those countries approached by the US (30 pages)	01 June 2003

Show 16 Remaining Documents

NGO Media Statements

Author		Date
No Peace Without Justice	Yemeni Parliament to Discuss Ratification of ICC	12 Jan 2006

AI	Important Commitment to the ICC must not be marred by entering into a BIA with the US	15 Dec 2005

HRW and AI	Jordan: Parliament Should Reject Impunity Deal	07 Dec 2005

AI	Government must repudiate illegal impunity agreement with the USA	20 Sept 2005

AI	Amnesty International urges Jordanian Senate to reject the agreement giving US nationals impunity from the ICC	29 July 2005

CICC	Global Coalition Voices Support for Kenya's On-Going Resistance to U.S. ICC Immunity Agreement	20 July 2005

NPWJ	International Criminal Court: As Washington Retaliates, the European Union Should Reaffirm its Support	10 Dec 2004

Show 41 Remaining Documents

Quotes and Statements

Author	Title		Date
Emma Bonino, European MP		Call on EU to reject Article 98 agreements	16 Aug 2002

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