The BIAs are at best bad faith compliance, and worst a blatant violation of the Rome Statute  The European states have signed and ratified the ICC Statute and should honour it, to do otherwise makes a mockery of the ICC which those states supported throughout its genesis and at least claim to continue to support.  Article 98(2) was only intended to be a factor where there are other agreements such as status of forces agreements (an agreement entered in to between two states, one having military forces in the other voluntarily, such as British troops in Germany). It was not meant as a broad-brush way for states being able to grant selective immunity to citizens of non-member states who have committed genocide or crimes against humanity inside the jurisdiction of an ICC member state.  Signing an Article 98 Agreement is at best accepting foreign instigation of the abuse of process of a treaty. At worst it is accepting an illegal attempt at circumventing the treaty.