ARTICLE 98 OF THE ROME STATUTE AS A SHIELD AGAINST THEPROSECUTION OF INTERNATIONAL CRIMES BY THEINTERNATIONAL CRIMINAL COURT

Abstract

Article 98 of the Rome Statute makes provision for immunity and non-surrender agreements
contrary to the objective and purpose of the Statute, thereby shielding perpetrators from
prosecution for international crimes. This cuts down on the ability of the International Criminal
Court to achieve its mission. Adopting a doctrinal method of research, this paper examines the
effects of Article 98 and concludes that it has been the foundation of bilateral immunity and
non-surrender agreements culminating in several approaches adopted by States, and
International Organizations to insulate perpetrators from ICC prosecution. It is therefore
recommended inter alia that State parties should not adopt measures friendly to Article 98 and
its effect can be ignored by considering the requirement to waive immunity into an impartial,
unbiased, and effective command from the UNSC to cooperate with the ICC in the prosecution
of international crimes.

Keywords: Article 98, Rome Statute, Shield, Prosecution, International Criminal Court.