TREATIES AND OTHER INTERNATIONAL ACTS SERIES 04-930 

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INTERNATIONAL CRIMINAL COURT 

Article 98 

 Agreement between the 

UNITED STATES OF AMERICA 

and PAPUA NEW GUINEA 

Signed at Washington September 30, 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.” 
PAPUA NEW GUINEA 

International Criminal Court: Article 98 

Agreement signed at Washington September 30, 2004; 

 Entered into force September 30, 2004. 
Agreement

between the

Government of the United States of America

and the Government of the Independent State of

Papua New Guinea

Regarding the Surrender of Persons

to the International Criminal Court

The Government of the United States of America and the

Government of Papua New Guinea, 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 Government of the United States of

America and the Government of Papua New Guinea have each

expressed their intention to investigate and prosecute

where appropriate acts within the jurisdiction of the

International Criminal Court alleged to have been committed

by their officials, employees, military personnel or

nationals,

Bearing in mind Article 98 of the Rome Statute,

Have agreed as follows:

1. For purposes of this arrangement, "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
2

(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 the United States of America

extradites, surrenders, or otherwise transfers a person of

Papua New Guinea to a third country, the Government of the

United States of America 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 Papua New Guinea.

4. When the Government of Papua New Guinea extradites,

surrenders, or otherwise transfers a person of the United

States of America to a third country, the Government of

Papua New Guinea will not agree to the surrender or

transfer of that person to the International Criminal Court

by a third country, absent the express consent of the

Government of the United States of America.

5. This arrangement shall constitute binding obligations

under international law upon signature by both Parties.

This arrangement shall remain in force until one year after

the date on which one Party notifies the other of its

intent to terminate the arrangement. The provisions of this

arrangement shall continue to apply with respect to any act

occurring, or any allegation arising, before the effective

date of termination.

Done at Washington, in duplicate, this thirtieth day of

September, 2004.

FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF

UNITED STATES OF AMERICA: PAPUA NEW GUINEA: