Hastings International and Comparative Law Review


The United States has requested that states party to the ICC sign agreements-referred to as Article 98 treatiesexempting U.S. citizens from ICC jurisdiction. The EU has opposed Article 98 treaties on the grounds that they threaten the legitimacy of the ICC. This note evaluates the conflicting political pressure exerted on Estonia to either sign or refrain from signing an Article 98 treaty. Part One summarizes the theory of transplantation and how Estonia's relationships with the EU, NATO and the ICC have affected Estonia's international legal obligations and diplomatic options. Part Two analyzes Estonia's relations with the United States, NATO and the EU. Part Three evaluates the positions of Estonia, the United States and the EU in relation to the ICC. Part Four identifies and analyzes U.S. and EU interpretations of Article 98 and concludes with a discussion as to how Estonia could solve its Article 98 problem.