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Argument: Article 98 agreements help protect US citizens from ICC

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John R. Bolton, Under Secretary for Arms Control and International Security. "The United States and the International Criminal Court". Remarks to the Federalist Society. 14 Nov. 2002 - As the ICC comes into being, we will address our concerns about the ICC’s jurisdictional claims using the remedy laid out for us by the Rome Statute itself and the UN Security Council in the case of the peacekeeping force in the former Yugoslavia. Using Article 98 of the Rome Statute as a basis, we are negotiating bilateral, legally-binding agreements with individual States Parties to protect our citizens from being handed over to the Court. Since the European Union’s decision in September to permit its member states to conclude Article 98 agreements with the United States, our negotiators have been engaged in bilateral discussions with several EU countries. In the near future we will also be holding discussions on the issue with several countries in the Middle East and South Asia. Our ultimate goal is to conclude Article 98 agreements with every country in the world, regardless of whether they have signed or ratified the ICC, regardless of whether they intend to in the future. These agreements will allow us the necessary protections in a manner that is legally permissible and consistent with the letter and spirit of the Rome Statute.

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