Supplementary agreements in International Law: A case study of bilateral immunity agreements under the statute of the International Criminal Court

Abstract

This study examines the key issues associated with the creation of the ICC and the behaviour of the US vis-a-vis the ICC. The study examines the legality of the BIAs in international law and analyses whether an ICC party can enter into a BIA with the USA. The study concludes that the BIAs as currently drafted is inconsistent with the object and purpose of the ICC Statute and international law in general. The study relies on both primary and secondary data. The primary data include text of the ICC Statute, BIAs and travaux preparatoires of the Rome Conference, official sources of information including face to face interview with the relevant individuals in Kenya who are concerned in one way or the other with the issue and the known official policies of the United States on the matter accessed through the library and the Internet. Primary data will be useful in the study by providing the record of what transpired during the negotiations of the ICC Statute and the intention of the parties during the process. Secondary data was obtained from the available books, commentaries, journals and general sources on the subject as documented by various nongovernmental organizations concerned with the issue.