TREATIES AND OTHER INTERNATIONAL ACTS SERIES 03-1203 

________________________________________________________________________ 

INTERNATIONAL CRIMINAL COURT 

Article 98 

 Agreement Between the 

UNITED STATES OF AMERICA 

and INDIA 

Signed at New Delhi December 26, 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.” 
INDIA 

International Criminal Court: Article 98 

 Agreement signed at New Delhi December 26, 2002; 

 Entered into force December 3, 2003. 
Agreement between the Government of the United States of America

and the Government of India regarding the Surrender of Persons

to International Tribunals

The Government of the United States of America and the

Government of India, hereinafter "the Parties,"

Reaffirming the importance of bringing to justice those who

commit genocide, crimes against humanity and war crimes,

Considering that the Parties have each expressed their

intention, where appropriate, to investigate and prosecute war

crimes, crimes against humanity, and genocide alleged to have

been committed by their respective officials, employees,

military personnel, and nationals,

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 express consent of the first Party,

(a) be surrendered or transferred by any means to any

international tribunal for any purpose, unless otherwise

obligated to do so by an international agreement to which both

the United States and India are parties, 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 any international

tribunal, unless otherwise obligated to do so by an

international agreement to which both the United States and

India are parties.

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 by the third country to any international tribunal,

unless otherwise obligated to do so by an international

agreement to which both the United States and India are parties,

absent the express consent of the Government of India.
4. When the Government of India extradites, surrenders, or

otherwise transfers a person of the United States of America to

a third country, the Government of India will not agree to the

surrender or transfer of that person by the third country to any

international tribunal, unless otherwise obligated to do so by

an international agreement to which both the United States and

India are parties, absent the express consent of the Government

of the United States.

5. Each Party agrees not to knowingly facilitate, consent to,

or cooperate with efforts by any third party or country to

effect the extradition, surrender, or transfer of a person of

the other Party to any international tribunal, unless otherwise

obligated to do so by an international agreement to which both

the United States and India are parties.

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 at New Delhi on the 26th day of December, 2002.

FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF

THE UNITED STATES OF AMERICA INDIA

9-echlu 24112'

Robert D. Blackwill Kanwal Sibal

Ambassador to India Foreign Secretary