n African Human Rights Law Journal - The magnificent seven : Africa's response to US article 98

Volume 7, Issue 1
  • ISSN : 1609-073X
  • E-ISSN: 1996-2096



What are the motivating factors that enable certain states to withstand pressure from other states? To ensure that the International Criminal Court does not gain jurisdiction over its nationals, the United States is currently seeking to sign Bilateral Immunity Agreements (BIAs) with all countries under the rubric of the American Service Members' Protection Act. This article examines the debates over the BIAs and goes further by analysing responses to the BIAs of seven countries within the African region. It specifically examines the ways in which states are able to withstand the pressure to sign a BIA by taking advantage of internal and external institutional structures and mechanisms. It also fills a gap in the literature by examining one region's response to the BIAs relative to the US position concerning the International Criminal Court.

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