TREATIES AND OTHER INTERNATIONAL ACTS SERIES 04-215 

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INTERNATIONAL CRIMINAL COURT 

Article 98 

 Agreement Between the 

UNITED STATES OF AMERICA 

and the UNITED ARAB EMIRATES 

Effected by Exchange of Notes at 

Abu Dhabi January 27 and February 15, 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.” 
 UNITED ARAB EMIRATES 

 International Criminal Court: Article 98 

 Agreement effected by exchange of notes at 

 Abu Dhabi January 27 and February 15, 2004; 

 Entered into force February 15, 2004. 
United Arab Emirates and refers to recent discussions

between representatives of the Government of the United

States of America and the Government of the United Arab

Emirates 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,

Affirming that nothing in this exchange of notes

precludes each Party from exercising its criminal

jurisdiction over those responsible for genocide, crimes

against humanity and war crimes,
authorised governmental entities, available information

and where it is appropriate to prosecute ;Acts within the

jurisdiction of the International Criminal Court alleged

to have been committed by their official0, employees,

military personnel or other nationals,

Searing in mind Article 98 of the Rome Statute,

The Embassy proposes the following exchange of notes:

1. For purposee of this exchange of notes, ', persons', are:

(a) nationals of one Party, or

(b)military personnel of one Party with respect

to acts or omissions allegedly committed or

occurring while they are or were military

personnel.

2. Persons of one Party present in the territory of the

other shall not, absent the express consent of the first

Party,
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

the United Arab Emirates 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 the

United Arab Emirates.

4. When the Government of the United Arab Emirates

extradites, surrenders, or otherwise transfers a person

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

Government of the United Arab Emirates 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.
If the proposal set forth herein is acceptable to the

Government of the United Arab Emirates, this note and

the Ministry's affirmative note in reply shall conetitute

binding obligations under international law from the date

of the Ministry's note in reply.

The Embassy of the United States of America avails

itself of this opportunity to renew to the Ministry of

Foreign Affairs of the United Arab Emirates the assurances

of its highest consideration.

Embassy of the United States of America,

January 27, 2004.