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Un Icc Agreement

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The text of the agreement can be downloaded from the UK ISAF website (last time on 14 June 2006). Any person under investigation or prosecution may require the disqualification of a prosecutor from any case “in which his or her impartiality could reasonably be questioned for any reason.” [56] Requests for disqualification of prosecutors are decided by the Appeals Chamber. [56] A prosecutor may be removed from office by the absolute majority of the contracting states if it is established that he has “committed a serious misconduct or a serious breach of his duties” or that he is unable to perform his duties. [45] However, critics of the Court argue that there are “inadequate controls and checks in the authority of the Prosecutor and ICC judges” and “insufficient protection against politicized prosecutions or other abuses”. [57] Luis Moreno-Ocampo, the ICC`s attorney general, stressed in 2011 the importance of politics in prosecutions: “You cannot say that al-Bashir is in London, arrests him. They need a political agreement. [58] Henry Kissinger says that the controls are so weak that the prosecutor has “virtually unlimited discretion in practice.” [59] The practical effect of the Section 98 agreements is still uncertain. The application of such agreements with host countries does not offer absolute immunity before the ICC. They would only hire countries that choose to sign and would only prevent the host country from bringing an accused to justice. While the Rome Statute gives contracting states some latitude in fulfilling their international obligations to extradite persons named in an ICC surrender request 122, there does not appear to be a provision for persons prosecuted or their national states to challenge the ICC`s jurisdiction on the basis of a violation of a bilateral agreement. Consequently, States Parties to the Rome Statute are not prevented from entering into agreements, pursuant to Article 98, which provide for the immunity of foreign troops before surrender, but if the ICC were nevertheless to obtain custody of the accused by other means, the agreement cannot affect its jurisdiction.

It is not clear to what extent the ICC is compatible with reconciliation procedures that grant amnesty to human rights violations under agreements to end conflict. [145] Article 16 of the Rome Statute allows the Security Council to prevent the Court from investigating or prosecuting a case,[146] and Article 53 allows the Prosecutor not to open an investigation if he believes that “an investigation would not serve the interests of justice”. [147] Former ICC President Philippe Kirsch said that “some limited amnesties” could be consistent with a country`s obligations to actually investigate or prosecute under the statute. [145] As of 1 July 2003, ASPA also prohibits military assistance to any ICC member country, with the exception of NATO countries and key non-NATO allies56, unless the President waives the restriction (section 2007) or a general waiver is in effect under Section 2003.