NIGERIA: MOD DANJUMA QUESTIONS ARTICLE 98

C O N F I D E N T I A L ABUJA 002978

SIPDIS


E.O. 12958: DECL: 11/01/12
TAGS: PREL KTIA NI KICC
SUBJECT: NIGERIA: MOD DANJUMA QUESTIONS ARTICLE 98
AGREEMENT


REF: (A) STATE 157638
(B) STATE 140390
(C) STATE 135262


CLASSIFIED BY AMBASSADOR HOWARD F. JETER; REASONS 1.5 (B)
AND (D).



1. (C) During an October 25 meeting, Ambassador Jeter gave
a draft Article 98 agreement (REF. A) to Minister of
Defense Lieutenant General (ret.) Theophilus Y. Danjuma.
In delivering talking points on the ICC (REFS. B and C),
the Ambassador emphasized that Nigeria's active role in
peacekeeping missions could make its servicemen vulnerable
to politically motivated prosecutions. Such would have
been the case, for example, regarding Nigeria's ECOWAS
troops in Sierra Leone. It might, therefore, be in
Nigeria's interest to consider the merits of an Article 98
Agreement.



2. (C) Danjuma said he was "intrigued" by European Union
member states' objections to Article 98 agreements, noting
that many believe the U.S. would "kill the ICC the way it
killed the League of Nations". Danjuma also wondered if
the ICC could implement its mandate if the international
community "starts to make exceptions". Ambassador replied
that since Article 98 was part of the Rome Statute, the
contracting states have agreed that such exceptions would
not impair the ICC. Ambassador also mentioned that possible
Congressional action under the American Servicemembers'
Protection Act could conceivably, in the future, have some
impact on security assistance relationships.



3. (C) Ambassador mentioned that he had also raised this
issue with National Security Advisor Aliyu Mohammed, and
also planned to raise it with the Attorney General at the
earliest opportunity. Danjuma said he would discuss the
issue with Minister of Foreign Affairs Sule Lamido this
week.
JETER