11 June 2003
State Department Reviews ICC Article 98 Agreements
(Excerpt from June 10 briefing by Deputy Spokesman Phil Reeker) (820)
The United States is trying to work with its friends "to find
practical solutions" to the International Criminal Court (ICC) issue
"and preserve everyone's interests," State Department Deputy Spokesman
Philip T. Reeker said during the daily briefing June 10.
Reeker was responding to a question about a newspaper report that said
the United States had warned the European Union not to interfere with
its negotiations with other countries on bilateral Article 98
agreements, which aim to ensure that Americans are not brought before
the ICC.
"We have been very clear with Europeans and others all around the
world that we are not trying to sabotage the ICC," Reeker said. "Our
efforts are geared at, first of all, protecting the integrity of
international peacekeeping efforts, and we have respected the European
Union's request not to attempt to influence other countries regarding
their decisions to become a part of the Rome statute to join on to the
ICC."
While the United States respects the rights of other countries to
become parties to the Rome statute that created the ICC, Reeker said
that at the same time "we have asked other countries to respect our
right not to do so." Thus far 37 countries have signed Article 98
agreements and Washington is continuing negotiations with others.
Following is an excerpt from the briefing:
(begin excerpt)
U.S. Department of State
Daily Press Briefing Index
Tuesday, June 10, 2003
1:05 p.m. EDT
BRIEFER: Philip T. Reeker, Deputy Spokesman
[....]
QUESTION: July 1st [is] the deadline for any -- for countries that
receive military -- U.S. military assistance to either sign Article 98
agreements or lose their cash. I understand that you have got two new
-- you're now at 37. You signed Bolivia and Thailand. But I'm
wondering, if you know, how many countries right now have not signed
them that would, if they don't sign them by the 1st, lose their U.S.
military assistance?
MR. REEKER: I haven't done that math, Matt. I'll have to find the time
to sit down with my list of countries.
QUESTION: Well, so have I. That's why I was hoping you guys had done
it already.
MR. REEKER: I'll leave you to do the calculation and read about it in
your --
QUESTION: Okay. Well, then on a related matter then, there was a
report today out of the UN that you guys have warned the European
Union not to interfere with --
MR. REEKER: Report out of the UN that we have warned the EU?
QUESTION: Yeah, it was datelined the UN. There was a report in The
Washington Post today that was datelined United Nations.
MR. REEKER: Okay. I just want to make sure I have got the --
QUESTION: Yeah. It said that you had warned the European Union not to
interfere in your negotiations with these -- for these agreements with
either current EU members or aspiring EU members. Is there any
substance to that?
MR. REEKER: I think we have been quite clear and transparent all
along. We certainly discussed it from here in this forum many times
that we are trying to work with our friends to find practical
solutions to [the] International Criminal Court issue and preserve
everyone's interests, and the solution has been to pursue these
agreements under the Rome statute under Article 98 of that statute.
We have been very clear with Europeans and others all around the world
that we are not trying to sabotage the ICC. Our efforts are geared at,
first of all, protecting the integrity of international peacekeeping
efforts, and we have respected the European Union's request not to
attempt to influence other countries regarding their decisions to
become a part of the Rome statute to join on to the ICC.
We certainly respect the rights of other countries to make their
decisions, to become parties to the Rome statute, but, at the same
time, we have asked other countries to respect our right not to do so.
And so an essential element in that, in respecting our right and
separating U.S. citizens from the ICC, is negotiating these Article 98
agreements. And we've taken that quite seriously. It's a serious
matter. It's been addressed by our Congress and our laws.
And this was, in fact, the course that was suggested by several EU
member-states and we understand was approved by the EU Council. So,
once again, our proposal in terms of negotiating Article 98 agreements
is couched within the framework of the Rome statute which created the
ICC, and we see no conflict either legally or even in respect to the
spirit of the treaty.
So we've been quite clear that we want to pursue these as bilateral
agreements with individual countries. As you noted, 37 countries have
signed Article 98 agreements and we continue to pursue that with
others.
(end excerpt)
(Distributed by the Bureau of International Information Programs, U.S.
Department of State. Web site: http://usinfo.state.gov)
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