TREATIES AND OTHER INTERNATIONAL ACTS SERIES 03-1023

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INTERNATIONAL CRIMINAL COURT

Article 98

Agreement between the

UNITED STATES OF AMERICA

and UGANDA

Agreement Signed at Washington June 12, 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.”
UGANDA

International Criminal Court: Article 98

Agreement signed at Washington June 12, 2003;

 Entered into force October 23, 2003. 
Agreement between the Government of the United States of

America and the Government of the Republic of Uganda

Regarding the Surrender of Persons to the International

Criminal Court

The Government of the United States of America and the

Government of the Republic of Uganda, 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.
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3. When the United States extradites, surrenders, or

otherwise transfers a person of Uganda 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 express consent of the

Government of the Republic of Uganda.

4. When the Government of the Republic of Uganda

extradites, surrenders, or otherwise transfers a person of

the United States of America to a third country, the

Government of the Republic of Uganda 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.

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 in Washington, DC, this twelfth day of June 2003, in

duplicate in English.

FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF

UNITED STATES OF AMERICA: THE REPU LIC OF UGANDA: