Impunity Law and Legal Definition

Impunity refers to the exemption from punishment or loss attaching to an act. The U.S. has proposed bilateral agreements seeking to ensure the non-surrender of U.S .nationals and contractors to the International Criminal Court. These agreements are alternately referred to as so-called "Article 98" agreements, bilateral immunity agreements, impunity agreements or bilateral non-surrender agreements.

These agreements sought by the U.S. provide that neither party to the agreement would transfer the other’s current or former government officials, military and other personnel (regardless of whether or not they are nationals of the state concerned) or nationals to the jurisdiction of the ICC. They have been proposed in various forms, some seeking bilateral promises of impunity and others seeking unilateral impunity.