Posted this to MeFi a few days ago. Crossposting here, ’cause I can.
Article 98. From 1995 through 2000, the U.S. government supported the establishment of an International Criminal Court. In 2001, the Bush Administration ended US participation in ICC meetings and, on 6 May 2002, officially nullified the previous signature of the Rome Statute.
Since then, the Bush administration has been actively pursuing agreements — with such human-rights aware nations as Kazakhstan, Bahrain, Botswana and Bhutan[pdf], and through coercion in the case of destitute Nauru — which would provide immunity for Americans in the ICC. Human Rights watch, amongst other organizations, is appalled. Echoing the sentiment of most who have not agreed to US demands, Foreign Minister Benita Ferrero-Waldner of Austria (who has not signed an agreement on Article 98 with the US) spoke out in 2002 about the need for a common position. “There is a fundamental need for everyone to be open to prosecution. It is important that there is no immunity.”