Home | Databases | WorldLII | Search | Feedback Pacific Islands Treaty Series

Agreement between the Government of Republic of the Fiji Islands and the Government of the United States of America regarding the Surrender of Persons to the International Criminal Court [2003] PITSE 9 (17 December 2003)

AGREEMENT BETWEEN THE GOVERNMENT OF REPUBLIC OF THE FIJI ISLANDS AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA REGARDING THE SURRENDER OF PERSONS TO THE INTERNATIONAL CRIMINAL COURT

(Suva, Fiji, 17 December 2003)

ENTRY INTO FORCE: UNKNOWN

THE GOVERNMENT OF REPUBLIC OF THE FIJI ISLANDS AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, 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 each 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 their 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 of the United States of America" are current or former United States Government officials, employees (including contractors), or military personnel or United States nationals.

2. Persons of the United States of America present in the territory of Republic of the Fiji Islands shall not, absent the express consent of the Government of the United States of America,

(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 Government of Republic of the Fiji Islands extradites, surrenders, or otherwise transfers a person of the United States of America to a third country, the Government of Republic of the Fiji Islands will not agree to the surrender or transfer of that person to the International Criminal Court by a third country, absent the express consent of the Government of the United States of America.

4. This Agreement shall enter into force upon signature by both Parties. 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 duplicate at Suva this 17th day of December, 2003.