Article 27 ICC Statute has proven to cause compatibility problems with regard to immunity provisions in national constitutions. States have, however, indicated readiness to overcome these problems. On the other hand, Article 98 forms the pivot of the latest attempt of the United States, a non-signatory state, to ensure a de facto immunity from ICC jurisdiction for US nationals. This editorial sets out the contrasting approach of states to the ICC and concludes that the US Proposal for a Rule to 98(2) would have had the effect that the rule encompassed in Article 27 ICC Statute would in practice not apply to nationals of non-state parties.