TREATIES AND OTHER INTERNATIONAL ACTS SERIES 04-324 

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INTERNATIONAL CRIMINAL COURT 

Article 98 

 Agreement between the 

UNITED STATES OF AMERICA 

and TONGA 

Signed at Washington March 21, 2003 

 
 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.” 
TONGA 

International Criminal Court: Article 98 

Agreement signed at Washington March 21, 2003; 

 Entered into force March 24, 2004. 
Agreement between the Government of the United States of America

and the Government of the Kingdom of Tonga

Regarding the Surrender of Persons to the International Criminal Court

The Government of the United States of America and the Government of the Kingdom of Tonga,

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,

Considering that the Parties have each expressed their intention to investigate and to prosecute

where appropriate acts within the jurisdiction of the International Criminal Court alleged to have

been committed by their 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 express consent

of the first Party,

(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 the Kingdom of Tonga.
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4. When the Government of the Kingdom of Tonga extradites, surrenders, or otherwise transfers

a person of the United States of America to a third country, the Government of the Kingdom of

Tonga 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.Each Party agrees, subject to its international legal obligations, not to knowingly facilitate,

consent to, or cooperate with efforts by any third party or country to effect the extradition,

surrender, or transfer of a person of the other Party to the International Criminal Court.

6. 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 Washington, D.C. this 21st day of March, 2003, in duplicate, in the English language.

FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE

I UNITED STATES OF AMERICA: KINGDOM OF TONGA: