TREATIES AND OTHER INTERNATIONAL ACTS SERIES 03-626.1 

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INTERNATIONAL CRIMINAL COURT 

Article 98 

 Agreement between the 

UNITED STATES OF AMERICA 

and the MARSHALL ISLANDS 

Signed at Majuro September 10, 2002 

 
 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.” 
MARSHALL ISLANDS 

International Criminal Court: Article 98 

Agreement signed at Majuro September 10, 2002; 

 Entered into force June 26, 2003. 

 
Agreement between the Government of the United

States of America and the Government of the Republic

of the Marshall Islands 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 the Marshall Islands, 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 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 its 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

expressed 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.

3. When the United States extradites, surrenders, or otherwise transfers a person

of the other Party 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 expressed consent of the Government of The Republic of the Marshall

Islands.
orable Gerald Zackios

Mi ister of Foreign Affairs and Trade

of the Marshall Islands

4. When the Government of The Republic of the Marshall Islands extradites,

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

country, the Government of The Republic of the Marshall Islands will not agree to

the surrender or transfer of that person to the International Criminal Court by a third

country, absent the expressed 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.

Ambassador rchael J. Senko

US Ambassador to the Republic

of the Marshall Islands

Note: This Agreement transmitted from Majuro to the Department of State on September 10, 2002.