TREATIES AND OTHER INTERNATIONAL ACTS SERIES 03-1217.1 

________________________________________________________________________ 

INTERNATIONAL CRIMINAL COURT 

Article 98 

 Arrangement between the 

UNITED STATES OF AMERICA 

and YEMEN 

Effected by Exchange of Notes at 

Washington and Sanaa 

December 10 and 17, 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.” 
 YEMEN 

International Criminal Court: Article 98 

Arrangement effected by exchange of notes at Washington and Sanaa 

 December 10 and 17, 2003; 

 Entered into force December 17, 2003. 

 
DEPARTMENT OF STATE

WASHINGTON

December 10, 2003

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 the Republic of

Yemen regarding the surrender of persons to International

Tribunals.

Reaffirming the importance of bringing to justice

those who commit genocide, crimes against humanity and war

crimes,

Considering that the Government of the United States

of America and the Government of the Republic of Yemen have

each expressed their intention to, where appropriate,

His Excellency

Abu Bakr al-Qirbi,

Minister of Foreign Affairs

of the Republic of Yemen,

Sanaa.

DIPLOMATIC NOTE
-2 -

investigate and prosecute war crimes, crimes against

humanity, and genocide alleged to have been committed by

their respective officials, employees, military personnel,

and nationals,

I have the honor to propose the following arrangement:

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

either Party include all nationals of that Party and, for

the Government of the United States of America, also

include current and former non-U.S. national U.S. military

personnel with respect to acts or omissions allegedly

committed or occurring while they are or were U.S. military

personnel.

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 any

international tribunal for any purpose, unless such

tribunal has been established by the United Nations

Security Council, 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
-3 -

any international tribunal, unless such tribunal has

been established by the United Nations Security Council.

3. When the Government of the United States of America

extradites, surrenders, or otherwise transfers a person of

Yemen to a third country, the Government of the United

States of America will not agree to the surrender or

transfer of that person by the third country to any

international tribunal, unless such tribunal has been

established by the United Nations Security Council, absent

the express consent of the Government of the Republic of

Yemen.

4. When the Government of the Republic of Yemen

extradites, surrenders, or otherwise transfers a person of

the United States of America to a third country, the

Government of the Republic of Yemen will not agree to the

surrender or transfer of that person by the third country

to any international tribunal, unless such tribunal has

been established by the United Nations Security Council,

absent the express consent of the Government of the United

States of America.

5. 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
-4 -

any act occurring, or any allegation arising, before the

effective date of termination.

If the proposal set forth herein is acceptable to

Government of the Republic of Yemen, this note and Your

Excellency's affirmative note in reply shall constitute

binding obligations under international law between our two

Governments which shall be effective on the date of Your

note.

Accept, Excellency, the renewed assurances of my

highest consideration.
REPUBLIC OF YEMEN

Ministry of Foreign Affairs

The Minister

Sana'a, December 18, 2003

His Excellency

Colin L. Powell

Secretary of State

Of the United States of America

Washington D.C.

Excellency:

I have the honor to acknowledge receipt of Your

Excellency's note dated December 10, 2003 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 the Republic of

Yemen regarding the surrender of persons to International

Tribunals.

Reaffirming the importance of bringing to justice those

who commit genocide, crimes against humanity and war

crimes,

Considering that the Government of the United States of

America and the Government of the Republic of Yemen have

each expressed their intention to, where appropriate,

investigate and prosecute war crimes, crimes against

humanity, and genocide alleged to have been committed by

their respective officials, employees, military

personnel, and nationals,

I have the honor to propose the following arrangement:

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

either Party include all nationals of that Party and, for

the Government of the United States of America, also

include current and former non-U.S. national U.S.

military personnel with respect to acts or omissions
I

REPUBLIC OF YEMEN

Ministry of Foreign Affairs

The Minister

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allegedly committed or occurring while they are or were

U.S. military personnel.

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 any

international tribunal for any purpose, unless such

tribunal has been established by the United Nations

Security Council, 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 any international tribunal, unless such tribunal

has been established by the United Nations Security

Council.

3. When the Government of the United States of America

extradites, surrenders, or otherwise transfers a person

of Yemen to a third country, the Government of the United

States of America will not agree to the surrender or

transfer of that person by the third country to any

international tribunal, unless such tribunal has been

established by the United Nations Security Council,

Absent the express consent of the Government of the

Republic of Yemen.

4. When the Government of the Republic of. Yemen

extradites, surrenders, or otherwise transfers a person

of the United States of America to a third country, the

Government of the Republic of Yemen will not agree to the

surrender or transfer of that person by the third country

to any international tribunal, unless such tribunal has

been established by the United Nations Security Council,

Absent the express consent of the Government of the

United States of America.

5. 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
REPUBLIC OF YEMEN

Ministry of Foreign Affairs

The Minister

to any act occurring, or any allegation arising, before

the effective date of termination.

If the proposal set forth herein is acceptable tc

Government of the Republic of Yemen, this note and Your

Excellency's affirmative note in reply shall constitute

binding obligations under international law between our

two Governments which shall be effective on the date of

Your note.

Accept, Excellency, the renewed assurances of my highest

consideration."

I have the honor to confirm that the proposal set forth

in Your note is acceptable to Government of the Republic

of Yemen, and that Your note and this note shall

constitute binding obligations under international law

between our two Governments which shall be effective or.

the date of this note.

Accept, Excellency, the assurances of my highest

consideration.

His Excellency Colin L. Powell,

Secretary of State of the United States of America,

Washington D.C.
REPUBLIC OF YEMEN

Ministry of Foreign Affairs

The Minister

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