TREATIES AND OTHER INTERNATIONAL ACTS SERIES 03-603 

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INTERNATIONAL CRIMINAL COURT 

Article 98 

 Agreement between the 

UNITED STATES OF AMERICA 

and THAILAND 

Effected by Exchange of Notes at Bangkok 

June 3, 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.” 
 THAILAND 

 International Criminal Court: Article 98 

 Agreement effected by exchange of notes at Bangkok 

 June 3, 2003; 

 Entered into force June 3, 2003. 

Considering that the Government of the Ki

Thailand has signed mte Rome scatute of the In

Criminal Court on October 2, 2000,

Searing in mind Article 98 of the Rome Sta

Hereby agree as follows

1. Per purposes of this Agreement, 

either Party include all nationals of that Pa

current and former military personnel of tha

2. Persons! of one Party present in t

of the other shall not, abeent the express co

first Party,

(a)be surrendered or transferred by 

the International Criminal Court for any purp

(b)be surrendered or transferred by 

entity or third country, or expelled to a thir

!or the purpose of surrender to or transfer to 

International Criminal Court.

3. when the United States extradites

surrenders, or otherwise transfers a person o

Kingdom of Thailand to a third country, the Un

will not agree to the surrender or transfer o

person to the International Criminal Court by 

country, absent the express consent of the Gov

the Kingdom of Thai/and.
-3-

4, when the .levernment of the Xi

Thailand extradites, surrenters, or otherw

person wr the United states of America to 

Country, the Government of the Xingdom of T

not agree to the surrender ortranefer of t

the rhLornational Criminal Court by a third 

absent the express consent of the Governme

United states.

5. Thie Agreement will remain in f

one year after the date on which one ;arty 

other of ite intent to terminate this Agree

provisions or this Agreement shall continue 

respect to any act occurring, or any allegat

before the effective date of termination.

If the proposal set forth herein is 

the Government of the Kingdom of Thailand, 

Your Excellency , s affirmative note in reply 

constitute an Agreement between our two Gove

would enter into force on the date of Your e

note.

Accept, Excellency, the renewed assur

highest consideration.

M. Jo

Ambassador

His ExcellenCy

Sureitlart Sathirathail

Minister of Foreign Affairs,
No. 08021 3 q 5 Ministry 

Sri A

3 Jun

Excellency,

I have the honor to acknowledge the receipt of Your Exce

3 June 2003, reading as follows:

"I have the honor to refer to recent discussions between re

Government of the United States of America and the Government 

Thailand regarding the Surrender of Persons to the International Crim

propose the following Agreement:

The Government of the United States of America and the 

Kingdom of Thailand, hereinafter "the Parties,"

Reaffirming the importance of bringing to justice those wh

crimes against humanity and war crimes,

Recalling that the Rome Statute of the International Crim

Rome on July. 17, 1998 by the United Nations Diplomatic Conference of 

the Establishment of an International Criminal Court is intended to co

supplant national criminal jurisdiction,

Considering that the Government of the United State

expressed its intention to investigate and to prosecute where appropri

jurisdiction of the International Criminal Court alleged to have been 

officials, employees, military personnel or other nationals,

Considering that the Government of the Kingdom of Thai

Rome Statute of the International Criminal Court on October 2, 2000,

Bearing in mind Article 98 of the Rome Statute,

Hereby agree as follows:

His Excellency

Darryl N. Johnson,

Ambassador Extraordinary and Plenipotentiary,

Embassy of the United States of America,

BANGKOK. 
2

1. For purposes of this Agreement, "persons" of eith

nationals of that Party and all current and former military personnel of that 

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

absent the express consent of the first Party,

(a) be surrendered or transferred by any means 

Criminal Court for any purpose, or

(b) be surrendered or transferred by any oth

country, or expelled to a third country, for the purpose of surrender to 

International Criminal Court.

3. When the United States extradites, surrenders, or o

person of the Kingdom of Thailand to a third country, the United States w

surrender or transfer of that person to the International Criminal Court b

absent the express consent of the Government of the Kingdom of Thailand.

4. When the Government of the Kingdom of Th

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

the Government of the Kingdom of Thailand will not agree to the surrende

person to the International Criminal Court by a third country, absent the 

the Government of the United States.

5. This Agreement will remain in force until one yea

which one Party notifies the other of its intent to terminate this Agreement

this Agreement shall continue to apply with respect to any act occurring

arising, before the effective date of termination.

If the proposal set forth herein is acceptable to the Go

Kingdom of Thailand, this note and Your Excellency's affirmative n

constitute an Agreement between our two Governments which would ente

date of Your Excellency's note."

I am pleased to inform Your Excellency that the undertakin

above-quoted note are acceptable to my Government, and that Your Exc

this reply thereto constitute an Agreement between our two Gover

immediately.

Accept, Excellency, the renewed assurances of my highest c

(Surakiart Sathirathai)

Minister of Foreign Affairs of Thaila