U.S. Continues to Seek Article 98 Agreements on ICC
(Reeker criticizes interference in U.S. pacts with EU candidates) (2520) The United States will continue to seek bilateral agreements under the auspices of Article 98 of the Rome Treaty that created the International Criminal Court (ICC) with the aim of preventing U.S. nationals from "falling into the potentially highly politicized jurisdiction of that court," Deputy State Department Spokesman Philip Reeker said August 13. Reeker said the United States considers "inappropriate" the August 12 remarks of European Union Commission President Romano Prodi to the effect that EU candidate countries should hold off their decisions until the EU has considered the matter. "That's, in our view, inappropriate in terms of seeking to direct sovereign candidate countries' foreign policy choices in advance of EU accession," Reeker said. The United States has "made it very clear" that it does not intend to undermine the ICC as an institution but was encouraged by ICC supporters, including EU members, to pursue Article 98 agreements as a means of resolving its concerns about the court. Reeker also recalled Secretary of State Colin Powell's words from earlier in the day: "We are not bludgeoning or threatening any of our friends. We are discussing with them our concerns about the ICC and pursuing a way of dealing with those concerns through Article 98." "We are simply asking these countries to respect our decision not to become a part of that organization, just as we respect their decision to become a part of it," Reeker said. Following is an excerpt from the transcript of the August 13 State Department briefing: (begin excerpt) U.S. Department of State Tuesday, August 13, 2002 BRIEFER: Philip T. Reeker, Deputy Spokesman INTERNATIONAL CRIMINAL COURT -- US Discussions with EU Countries on Article 98 Agreements DAILY PRESS BRIEFING 1:15 P.M. EDT -- TUESDAY, AUGUST 13, 2002 (ON THE RECORD UNLESS OTHERWISE NOTED) QUESTION: Is the State Department waiting for a European Union meeting, the meeting -- the foreign ministers meeting that the Spanish Foreign Minister referred to this morning, in trying to line up people on the Article -- you know, the [Article] 98 agreements on the war crimes tribunal? Or did the Secretary try to line up the Spanish Foreign Minister? And will you continue here and abroad to try to get Europeans to sign on? MR. REEKER: We will certainly continue to discuss Article 98 agreements as a bilateral matter between the United States and friendly countries throughout the world. You will recall, Barry, that last month in the debate at the United Nations Security Council on the peacekeeping resolution, that is Resolution 1422, a number of our close allies who were strong supporters of the International Criminal Court, that includes European Union members, encouraged us to pursue Article 98 agreements as a means of resolving our concerns about the International Criminal Court. Article 98 agreements are completely consistent with, and indeed are anticipated by, the Rome statute; that is, the name derives directly from the statute, Article 98, which provides for this type of agreement. With respect to the decisions of our allies who have become parties to the ICC, we have made it very clear that we do not intend to undermine the ICC as an institution, but at the same time, we hope that all countries will continue to respect our decision not to become a party to the ICC. European Union countries have told us that they have not adopted a common position on our initiative to negotiate these bilateral agreements and are still considering whether to do so. And as [Spanish] Foreign Minister Palacio told you earlier this morning, I believe they're having a meeting sometime after the summer break at the end of this month. QUESTION: So they'll make individual decisions is the expectation, the European countries? MR. REEKER: I think you will need to talk to individual European countries. We will continue to approach these on a bilateral level. These are bilateral agreements. We certainly would note that any suggestion that EU candidate countries hold off their decisions until the European Union looks at this, that's, in our view, inappropriate in terms of seeking to direct sovereign candidate countries' foreign policy choices in advance of EU accession. QUESTION: So, Phil, on that, when the EU says that this is not a bilateral issue, that this is an issue, at least for their members, that they're going to have to deal with as a group, you do not -- you disagree with that, and you will continue, even though many EU countries have said that they don't want to negotiate a bilateral agreement with the United States? You'll continue to try and do that? MR. REEKER: What many EU countries told us in New York last month during that discussion of the Security Council was, 'use this Article 98 provision, pursue bilateral agreements through this as a means of resolving American concerns'. And as we discussed at the time, that's exactly what we intended to do, and indeed what we are doing now. QUESTION: So you believe, then, that the EU position that this can only be done as a bloc and not individually is inconsistent with what they were saying? MR. REEKER: I don't believe that that necessarily is the EU position. I will let the EU speak to that themselves. EU member countries have told us that they have not adopted a common position on this, and so our initiative to negotiate bilateral agreements under Article 98 will continue. QUESTION: Well, then let me put it this way. How many Article 98 agreements with EU countries have you negotiated thus far? MR. REEKER: That is a process that is just beginning, as we have talked about over the period that you've been away. QUESTION: Okay. How many countries have said no, we want to wait until the EU decides as a bloc? MR. REEKER: I'm not aware of any specific responses. QUESTION: The Germans, the Netherlands? MR. REEKER: I will let those countries speak for themselves, and we will continue to consider -- to pursue the process, which many of those countries suggested we pursue when we discussed it at the UN Security Council last month. Yes, Elaine. QUESTION: Do you have any comment on the fact that President Kostunica has come out against negotiating such a treaty on behalf of his country? MR. REEKER: I hadn't seen Kostunica's comments. QUESTION: Could you take that question? MR. REEKER: Our position on this is quite clear. I'm happy to look into his comments, but I'm not going to -- QUESTION: He's actually saidthe campaign did certainly help raise awareness of the need to apprehend him and send him to Arusha. QUESTION: Well, I wasn't asking for the information that might have been provided -- MR. REEKER: I didn't say you were. I gave you my answer to your question. QUESTION: But, well, so is the answer yes or is it maybe that the Rewards for Justice -- MR. REEKER: It's exactly what I said. Clearly, the Rewards for Justice campaign contributed to making people aware, raising awareness of the need to apprehend him and send him to Arusha. He was a target of that campaign. We had made that quite public. We have discussed before the Rewards for Justice campaign and efforts we have been doing in that regard. And so working together with the governments of Angola and the Democratic Republic of the Congo, as well of course as the tribunal, we are pleased to see that arrest affected. Barry. QUESTION: Is the State Department waiting for a European Union meeting, the meeting -- the foreign ministers meeting that the Spanish Foreign Minister referred to this morning, in trying to line up people on the Article -- you know, the 98 agreements on the war crimes tribunal? Or did the Secretary try to line up the Spanish Foreign Minister? And will you continue here and abroad to try to get Europeans to sign on? MR. REEKER: We will certainly continue to discuss Article 98 agreements as a bilateral matter between the United States and friendly countries throughout the world. You will recall, Barry, that last month in the debate at the United Nations Security Council on the peacekeeping resolution, that is Resolution 1422, a number of our close allies who were strong supporters of the International Criminal Court, that includes European Union members, encouraged us to pursue Article 98 agreements as a means of resolving our concerns about the International Criminal Court. Article 98 agreements are completely consistent with, and indeed are anticipated by, the Rome statute; that is, the name derives directly from the statute, Article 98, which provides for this type of agreement. With respect to the decisions of our allies who have become parties to the ICC, we have made it very clear that we do not intend to undermine the ICC as an institution, but at the same time, we hope that all countries will continue to respect our decision not to become a party to the ICC. European Union countries have told us that they have not adopted a common position on our initiative to negotiate these bilateral agreements and are still considering whether to do so. And as Foreign Minister Palacio told you earlier this morning, I believe they're having a meeting sometime after the summer break at the end of this month. QUESTION: So they'll make individual decisions is the expectation, the European countries? MR. REEKER: I think you will need to talk to individual European countries. We will continue to approach these on a bilateral level. These are bilateral agreements. We certainly would note that any suggestion that EU candidate countries hold off their decisions until the European Union looks at this, that's, in our view, inappropriate in terms of seeking to direct sovereign candidate countries' foreign policy choices in advance of EU accession. QUESTION: So, Phil, on that, when the EU says that this is not a bilateral issue, that this is an issue, at least for their members, that they're going to have to deal with as a group, you do not -- you disagree with that, and you will continue, even though many EU countries have said that they don't want to negotiate a bilateral agreement with the United States? You'll continue to try and do that? MR. REEKER: What many EU countries told us in New York last month during that discussion of the Security Council was use this Article 98 provision, pursue bilateral agreements through this as a means of resolving American concerns. And as we discussed at the time, that's exactly what we intended to do, and indeed what we are doing now. QUESTION: So you believe, then, that the EU position that this can only be done as a bloc and not individually is inconsistent with what they were saying? MR. REEKER: I don't believe that that necessarily is the EU position. I will let the EU speak to that themselves. EU member countries have told us that they have not adopted a common position on this, and so our initiative to negotiate bilateral agreements under Article 98 will continue. QUESTION: Well, then let me put it this way. How many Article 98 agreements with EU countries have you negotiated thus far? MR. REEKER: That is a process that is just beginning, as we have talked about over the period that you've been away. QUESTION: Okay. How many countries have said no, we want to wait until the EU decides as a bloc? MR. REEKER: I'm not aware of any specific responses. QUESTION: The Germans, the Netherlands? MR. REEKER: I will let those countries speak for themselves, and we will continue to consider -- to pursue the process, which many of those countries suggested we pursue when we discussed it at the UN Security Council last month. Yes, Elaine. QUESTION: Do you have any comment on the fact that President Kostunica has come out against negotiating such a treaty on behalf of his country? MR. REEKER: I hadn't seen Kostunica's comments. QUESTION: Could you take that question? MR. REEKER: Our position on this is quite clear. I'm happy to look into his comments, but I'm not going to -- QUESTION: He's actually said he won't negotiate one, so -- given that there are 5,000 American peacekeepers there -- MR. REEKER: Our positions and the location of American peacekeepers (end excerpt) (Distributed by the Office of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)
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