Article 98 of the Rome Statute prohibits the ICC from requesting assistance or the surrender of a person to the ICC if to do so would require the state to "act inconsistently" with its obligations under international law or international agreements unless the state or the third-party state waives the immunity or grants cooperation. The U.S. has interpreted this article to mean that its citizens cannot be transferred to the ICC by any state that has signed a bilateral agreement with the U.S. prohibiting such a transfer, even if the state is a member of the Rome Statute.
Article 98 of the Rome Statute prohibits the ICC from requesting assistance or surrender of individuals to it if doing so would require a signatory state to act in violation of its international legal obligations or agreements unless the state waives immunity or grants cooperation. The U.S. interprets this article as meaning that its citizens cannot be transferred to the ICC by any state with a bilateral agreement prohibiting such transfers, even if the state is a member of the Rome Statute.