TREATIES AND OTHER INTERNATIONAL ACTS SERIES 03-627

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INTERNATIONAL CRIMINAL COURT

Article 98

Agreement between the

UNITED STATES OF AMERICA

and THE GAMBIA

Agreement signed at Banjul October 5, 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.”
THE GAMBIA

International Criminal Court: Article 98

Agreement signed at Banjul October 5, 2002;

 Entered into force June 27, 2003.
Agreement between the Government of the United States of

America and Government of the Republic of The Gambia

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 Gambia, 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 Government of the United States of

America has expressed its 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 Gambia.

4. When the Government of the Republic of The Gambia

extradites, surrenders, or otherwise transfers a person of

the United States of America to a third country, the

Government of the Republic of The Gambia 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 of

America.

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.

Done in Banjul, The Gambia, this 5 th day of October 2002.

‘ /A/7Cm—'#`1W2°411a

Jackson McDonald

Ambassador of the United States of America

Baboucarr Bl ise Ismaila Jagne

Secretary of State for Foreign Affairs