TREATIES AND OTHER INTERNATIONAL ACTS SERIES 03-1217

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INTERNATIONAL CRIMINAL COURT

Article 98

Agreement between the 

UNITED STATES OF AMERICA

and FIJI

Agreement Signed at Suva December 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.”
FIJI

International Criminal Court: Article 98

Agreement signed at Suva December 17, 2003;

 Entered into force December 17, 2003.
Agreement between the Government of Republic of the Fiji Islands and

the Government of the United States of America regarding the

Surrender of Persons to the International Criminal Court

The Government of Republic of the Fiji Islands and the Government of the

United States of America, 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 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

Republic of the Fiji Islands shall not, absent the express consent of the

Government of the United States of America,
2

(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 Republic of the Fiji Islands extradites,

surrenders, or otherwise transfers a person of the United States of America

to a third country, the Government of Republic of the Fiji Islands 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.

4. This Agreement shall enter into force upon signature by both Parties. 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 duplicate at Suva this 17th day of December, 2003.

For the Government of For the Government of the

Republic of the Fiji Islands: United States of America:

Kaliopate Tavola Hugh M. Neighbour, III

Minister for Foreign Affairs Chargé d'Affaires, a.i.

and External Trade Embassy of the United States of America