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.
Citation
Master of Arts thesis in International Studies, University of Nairobi (2007)Publisher
University of Nairobi Institute of Diplomacy and International Studies