TREATIES AND OTHER INTERNATIONAL ACTS SERIES 03-929 

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INTERNATIONAL CRIMINAL COURT 

Article 98 

 Agreement between the 

UNITED STATES OF AMERICA 

and ANTIGUA AND BARBUDA 

Effected by Exchange of Notes at Washington 

September 29, 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.” 
ANTIGUA AND BARBUDA 

 International Criminal Court: Article 98 

Agreement effected by exchange of notes 

 at Washington September 29, 2003; 

 Entered into force September 29, 2003. 

 
DEPARTMENT OF STATE

WASHINGTON

September 29, 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 Antigua and Barbuda

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

His Excellency

Sir Ronald Sanders,

Chief Foreign Affairs Representative with

Ministerial Rank of Antigua and Barbuda.

DIPLOMATIC NOTE
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intended to complement and not supplant national criminal

jurisdiction,

Considering that the Government of the United States

of America and the Government of Antigua and Barbuda 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,

I have the honor to propose the following agreement:

1. For purposes of this agreement, "U.S. persons" are

current or former Government officials, employees

(including contractors), or military personnel or nationals

of one Party.

2. U.S. persons present in the territory of Antigua

and Barbuda shall not, absent the express consent of the

Government of the United States of America,

(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 Antigua and Barbuda •

extradites, surrenders, or otherwise transfers a person of

the United States of America to a third country, the

Government of Antigua and Barbuda 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 States of America.

4. This Agreement shall remain in force until one

year after the date on which one Party notifies the other

of its intent to terminate the 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.

If the proposal set forth herein is acceptable to the

Government of Antigua and Barbuda, this note and Your

Excellency's affirmative note in reply shall constitute an
agreement between our two Governments which shall enter

into force on the date of Your note.

For the Secretary of State:

/Li"

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Ministry of Foreign Affairs GOVERNMENT OF ANTIGUA AND BARBUDA

September 29, 2003

Excellency:

I have the honour to refer to Your Excellency's note

of September 29, 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 Antigua and Barbuda

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
- 2 -

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 Antigua and Barbuda 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,

I have the honor to propose the following agreement:

1. For purposes of this agreement, "U.S. persons" are

current or former Government officials, employees

(including contractors), or military personnel or nationals

of one Party.

2. U.S. persons present in the territory of Antigua

and Barbuda shall not, absent the express consent of the

Government of the United States of America,

(a) be surrendered or transferred by any

means to the International Criminal Court
- 3 --

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 Antigua and Barbuda

extradites, surrenders, or otherwise transfers a person of

the United States of America to a third country, the

Government of Antigua and Barbuda 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 States of America.

4. This Agreement shall remain in force until one

year after the date on which one Party notifies the other

of its intent to terminate the 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.

If the proposal set forth herein is acceptable to the

Government of Antigua and Barbuda, this note and Your
Excellericy's affirmative note in reply shall constitute an

agreement between our two Governments which shall enter

into force on the date of Your note."

I have the honour to inform Your Excellency that the

proposed text in Your Note is acceptable to the Government

of Antigua and Barbuda, assuring Your Excellency that Your • Note and this Note shall constitute an agreement between

our two Governments which shall enter into force on this

date.

Chief Foreign Affairs Representative

With Ministerial Rank:

•