TREATIES AND OTHER INTERNATIONAL ACTS SERIES 04-311 

________________________________________________________________________ 

INTERNATIONAL CRIMINAL COURT 

Article 98 

 Agreement between the 

UNITED STATES OF AMERICA 

and GRENADA 

Effected by Exchange of Notes 

at Washington and New York March 11, 2004 

 
 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.” 
GRENADA 

International Criminal Court: Article 98 

Effected by exchange of notes at Washington and 

 New York March 11, 2004; 

 Entered into force March 11, 2004. 
DEPARTMENT OF STATE

WASHINGTON

March 11, 2004

Excellency:

I have the honor to refer to recent discussions between representatives

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

Grenada regarding the surrender of persons to the International Criminal

Court.

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,

His Excellency

Elvin Nimrod,

Minister for Foreign Affairs and

International Trade of Grenada.

DIPLOMATIC NOTE
2

Considering that the Government of the United States of America and

the Government of Grenada 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,

I have the honor to propose the following agreement:

1. For purposes of this Agreement, "persons of the United States of

America" are current or former United States Government officials,

employees (including contractors), or military personnel or United States

nationals.

2. Persons of the United States of America present in the territory of

Grenada shall not, absent the express consent of the Government of the

United States of America,

(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

3. When the Government of Grenada extradites, surrenders, or

otherwise transfers a person of the United States of America to a third

country, the Government of Grenada will not agree to the surrender or

transfer of that person to the International Criminal Court by the third

country, absent the express consent of the Government of the United States

of America.

4. This Agreement shall remain in force until one year after the date

on which one Party notifies the other of its intent to terminate the

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.

If the proposal set forth herein is acceptable to the Government of

Grenada, this note and Your Excellency's affirmative note in reply shall

constitute an agreement between our two Governments which shall enter

into force on the date of Your note.

For the Secretary of State:

OLL

A true ecpy

the signed erigi.

I nal.

-04A1.4, c.A

Iria.:J11#1/4"
PERMANENT MISSION OF GRENADA TO THE UNITED NATIONS

800 SECOND AVENUE, SUITE 400-K, NEW YORK, N.Y. 10017

TELEPHONE: (212) 599-0301

FAX: (212) 599-1540

March 11, 2004

Excellency:

I have the honor to refer to Your Excellency's note of

March 11, 2004, which reads as follows:

"Excellency:

I have the honor to refer to recent discussions

between representatives of the Government of the United

States of America and the Government of Grenada regarding

the surrender of persons to the International Criminal

Court.

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

His Excellency,

Colin L. Powell,

The Secretary of State.
intended to complement and not supplant national criminal

jurisdiction,

Considering that the Government of the United States

of America and the Government of Grenada 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,

I have the honor to propose the following agreement:

1. For purposes of this Agreement, "persons of the

United States of America" are current or former United

States Government officials, employees (including

contractors), or military personnel or United States

nationals.

2. Persons of the United States of America present in

the territory of Grenada shall not, absent the express

consent of the Government of the United States of America,

(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 Government of Grenada extradites,

surrenders, or otherwise transfers a person of the United

States of America to a third country, the Government of

Grenada will not agree to the surrender or transfer of that

person to the International Criminal Court by the third

country, absent the express consent of the Government of

the United States of America.

4. This Agreement shall remain in force until one

year after the date on which one Party notifies the other

of its intent to terminate the 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.

If the proposal set forth herein is acceptable to the

Government of Grenada, this note and Your Excellency's

affirmative note in reply shall constitute an agreement
between our two Governments which shall enter into force on

the date of Your note."

I have the honor to inform Your Excellency that the

proposed text in Your Note is acceptable to the Government

of Grenada, and confirm that Your Note and this Note shall

constitute an agreement between our two Governments which

shall enter into force on this date.