TREATIES AND OTHER INTERNATIONAL ACTS SERIES 03-1031 

________________________________________________________________________ 

INTERNATIONAL CRIMINAL COURT 

Article 98 

 Agreement between the 

UNITED STATES OF AMERICA 

and GHANA 

Signed at Accra April 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.” 
GHANA 

International Criminal Court: Article 98 

Agreement signed at Accra April 17, 2003; 

 Entered into force October 31, 2003. 

 
•

•

Agreement Between

the

Government of the United States of America

and the

Government of Ghana

Regarding the Surrender of Persons to the International Criminal

Court

The Government of the United States of America and the Government of Ghana,

hereinafter called "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 an

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 fo

any purpose, or

(b) be surrendered or transferred by any means to any other entity or third country, o

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

International Criminal Court. •
Done this 

/

day of 2003, in Accra, Ghana

•

Government of the United States Government of the Republic of Ghana

M. arlin Yates

Ambassador of the United States

Hackm su-Agyemang

Minister of Foreign Affairs

• 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 th

expressed consent of the Government of Ghana.

4. When the Government of Ghana extradites, surrenders, or otherwise transfers a

person of the United States of America to a third country, the Government of Ghana wi

not agree to surrender or transfer 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 exchange of notes confirming that eac

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 notifie

the other of its intent to terminate this Agreement. The provisions of this Ageement

shall continue to apply with respect to any act occurring, or any allegation arising, befor

the effective date of termination.