جدلية تطبيق اتفاقيات التسليم في نظام روما للمحكمة الجنائية الدولية-بين التسليم و الحصانة

Abstract EN

The Statute of the International Criminal Court provides for the factual treatment of some internationally established legal principles, in particular the principle of immunity and bilateral extradition treaties.

Although the Statute of the Court does not recognize immunity for the denial of international criminal responsibility, the existence of previous international agreements between States prohibits the extradition of individuals to a third party.

For trial only with the consent of their State of origin by virtue of their immunity or presence in an official mission, the Court's system under article 98 makes such an exception conditional on extradition requests or requests for judicial cooperation with the Court.

The United States took advantage of this exception and withdrew all its citizens residing and working abroad, concluding a series of bilateral agreements with States, based on the text of Article 98, whereby States refrained from handing over American citizens to the International Criminal Court, They have even attached punitive measures to pressure states to sign.

This raises a legal dilemma over the legality of these agreements, under which citizens of the United States are protected from prosecution before the International Criminal Court.