TREATIES AND OTHER INTERNATIONAL ACTS SERIES 03-1030 

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INTERNATIONAL CRIMINAL COURT 

Article 98 

 Agreement between the 

UNITED STATES OF AMERICA 

and EAST TIMOR 

Signed at Dili August 23, 2002 

 

 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
EAST TIMOR 

International Criminal Court: Article 98 

Agreement signed at Dili August 23, 2002; 

 Entered into force October 30, 2003. 

 
AGREEMENT

Between the Government of the United States of America and the Government of the

Democratic Republic of East Timor regarding the surrender of persons to the

International Criminal Court

The Government of the United States of America and the Government of the Democratic

Republic of East Timor, hereinafter "the Parties;"

Reaffirming the importance of bringing to justice those who commit genocide, crimes

against humanity and war crimes;

Recalling that the Rome Statute of the International Criminal Court done at Rome on July

17, 1998 by the United Nations Diplomatic Conference of Plenipotentiaries on the

Establishment of an International Criminal Court is intended to complement and not

supplant national criminal jurisdiction;

Taking note of United Nations Security Council Resolution 1422;

Considering that the United States of America has expressed its intention to investigate

and to prosecute where appropriate acts within the jurisdiction of the International

Criminal court alleged to have been committed by its officials, employees, military

personnel or other nationals;

Bearing in mind Article 98 of the Rome Statute;

Hereby agree as follows:

1. For purposes of this agreement, "persons" are current or former government officials,

employees (including contractors), or military personnel or nationals of one Party.

2. Persons of one Party present in the territory of the other shall not, absent the expressed

consent of the first Party,
Levt-'-(417 -

FOR THE GOVERNMENT OF

(a) be surrendered or transferred by any means to the International Criminal Court for

any purpose, or

(b) be surrendered or transferred by any means to any other entity or third country, or

expelled to a third country, for the purpose of surrender to or transfer to the

International Criminal Court.

3. When the United States extradites, surrenders, or otherwise transfers a person of the

other Party to a third country, the United States will not agree to the surrender or transfer

of that person to the International Criminal Court by the third country, absent the

expressed consent of the government of East Timor.

4. When the government of East Timor extradites, surrenders, or otherwise transfers a

person of the United States of America to a third country, the government of East Timor

will not agree to the surrender or transfer of that person to the International Criminal

Court by a third country, absent the expressed consent of the government of the United

States.

5. This Agreement shall enter into force upon an exchange of notes confirming that each

Party has completed the necessary domestic legal requirements to bring the Agreement

into force. It will remain in force until one year after the date on which one Party notifies

the other of its intent to terminate this Agreement. The provisions of this Agreement

shall continue to apply with respect to any act occurring, or any allegation arising, before

the effective date of termination.

DONE at Dili, East Timor this 23r d day of August, 2002, in duplicate, in the English

language.

FORGOVERNMENT 0

/

( THE UNITED STATES OF AMERICA THE DEMOCRATIC REPUBLIC

OF EAST TIMOR