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This paper aims to explore if and when Article 98 Agreements restrain the ICC’s activities by fully analysing their consistency with the Rome Statute and the related issues of the law of treaties. Moreover, the findings of this analysis can apply, mutatis mutandis, to extradition treaties and status of forces agreements (SOFAs), which were explicitly mentioned in the drafting process of Article 98, paragraph 2, of the Statute. In light of the fact that extradition treaties and SOFAs are quite common, it can be said that this paragraph could have a significant impact on the ICC’s future activities. The table of contents included in this part 4 is as follows: Chapter 3 Analysis of Article 98 Agreements’ Consistency with the Statute and the Related Issues of the Law of Treaties (Continued) (Section 2 Article 98 Agreements’ Consistency with the Statute (Continued) (1. Interpretation of Article 98, Paragraph 2, of the Statute (Continued) ((D) Meaning of the Phrase “‘a person of’ ‘the sending State’” / (E) Necessity for the Obligation to Investigate and Prosecute? / (F) Summary of Subsection 1, and the Interpretation of Pre-existing SOFAs and Extradition Treaties))).
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Yoshiaki Kitano (2024) studied this question.
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