Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
In 2003, in answer to a written question in the Upper House of Parliament (Rajya Sabha) regarding the Bilateral Immunity Agreement signed between India and the United States, India’s Minister of State in the Ministry of External Affairs stated:
(a) The Agreement between the Governments of India and the United States regarding the surrender of persons to international tribunals was signed on December 26, 2002 in New Delhi. The two Governments have agreed not to surrender or transfer each other’s citizens to an international tribunal, unless otherwise obligated to do so by an international agreement to which both India and the United States are parties, and without the express consent of the other Government.
(b) India believes in the primacy of national judicial processes, and has for this reason, not signed for example, the Statutes relating to the International Criminal Court. Entering into this Agreement with the United States furthers the Government’s objective of retaining the primacy of national judicial processes for its citizens.