Identifier
Created
Classification
Origin
02ROME4031
2002-08-16 14:37:00
CONFIDENTIAL
Embassy Rome
Cable title:  

GOOD ADVICE ON ARTICLE 98 AGREEMENTS FROM ITALY

Tags:  PREL MARR PARM RS IR IT KICC UNGA 
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C O N F I D E N T I A L ROME 004031 

SIPDIS

E.O. 12958: DECL: 08/09/2012
TAGS: PREL MARR PARM RS IR PREL MARR PARM RS IR IT KICC UNGA ITKICC UNGA
SUBJECT: GOOD ADVICE ON ARTICLE 98 AGREEMENTS FROM ITALY

REF: A. ROME 3855 AND PREVIOUS

B. STATE 150277
CONFIDENTIAL

PAGE 02 ROME 04031 01 OF 02 161444Z

C. STATE 146035

D. ROME 3984

CLASSIFIED BY: A/DCM THOMAS COUNTRYMAN, REASONS 1.5 (B) AND (D).

C O N F I D E N T I A L ROME 004031

SIPDIS

E.O. 12958: DECL: 08/09/2012
TAGS: PREL MARR PARM RS IR PREL MARR PARM RS IR IT KICC UNGA ITKICC UNGA
SUBJECT: GOOD ADVICE ON ARTICLE 98 AGREEMENTS FROM ITALY

REF: A. ROME 3855 AND PREVIOUS

B. STATE 150277
CONFIDENTIAL

PAGE 02 ROME 04031 01 OF 02 161444Z

C. STATE 146035

D. ROME 3984

CLASSIFIED BY: A/DCM THOMAS COUNTRYMAN, REASONS 1.5 (B) AND (D).


1. (C) SUMMARY: MFA POLITICAL DIRECTOR GIANCARLO ARAGONA
URGED THE U.S. TO EXPLAIN THE EFFORT TO NEGOTIATE ARTICLE 98
AGREEMENTS UNDER THE INTERNATIONAL CRIMINAL COURT "ROME
TREATY" IN TERMS OF THEIR IMPORTANCE FOR ALLOWING CONTINUING
USG INTERNATIONAL INVOLVEMENT. "DON'T EMPHASIZE YOUR
SEPARATENESS," ARAGONA ADVISED. RATHER, THE U.S. SHOULD
ARTICULATE POSITIVE REASONS FOR ITS NEED FOR AGREEMENTS ON
THE BASIS OF ITS ONGOING COMMITMENT TO INTERNATIONAL
INVOLVEMENT. HE HIGHLIGHTED THE IMPORTANCE OF THE USG'S
HAVING ALLIES LINED UP TO SPEAK OUT IN FAVOR OF THE
AGREEMENTS AT THE UPCOMING EU DISCUSSION ON THE SUBJECT. END
SUMMARY.


2. (C) A/DCM TOOK ADVANTAGE OF AN AUGUST 8 MEETING ON HOW
BEST TO FOCUS ASSISTANCE TO AFGHANISTAN (SEPTEL) TO
DOUBLE-TRACK WITH POLITICAL DIRECTOR ARAGONA A NUMBER OF
ISSUES. IN SHORT SIDEBARS, A/DCM SHARED REF C POINTS ON U.S.
GOALS FOR THE UN GENERAL ASSEMBLY. REVIEWING THEM BRIEFLY,
ARAGONA COMMENTED, "I SUSPECT YOU READ OUR OWN (POSITION)
PAPERS." ARAGONA REVIEWED WITHOUT COMMENT THE POINTS ON
RUSSIAN-IRANIAN NUCLEAR COOPERATION (REF B). A/DCM EXPLAINED
THOSE POINTS HAD ALSO BEEN LEFT AT THE PRIME MINISTER'S
OFFICE THE SAME DAY (GOI SUBSEQUENTLY INFORMED US THAT THE PM
HAD RAISED THIS ISSUE IN A PHONE CALL TO PUTIN - SEE REF D).


3. (C) THE BULK OF THE CONVERSATION WAS DEVOTED TO
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PAGE 03 ROME 04031 01 OF 02 161444Z
DISCUSSION OF ARTICLE 98 AGREEMENTS UNDER THE INTERNATIONAL

CRIMINAL COURT "ROME" TREATY. A/DCM REGRETTED PRESS ARTICLES
NAMING ITALY AS THE NEXT COUNTRY WITH WHICH THE USG HOPED TO
NEGOTIATE AN ARTICLE 98 AGREEMENT. ARAGONA AGREED THAT THE
REMARK DID NOT HELP ITALY AS IT SOUGHT TO MOVE FORWARD ITSELF
AND WITHIN THE CONTEXT OF EU DISCUSSIONS. "WE ARE ALREADY
RECEIVING STRONG CRITICISM FROM THE OPPOSITION AND
NON-GOVERNMENTAL ORGANIZATIONS," ARAGONA EXPLAINED. "ITALY
HAS AN EXTREMELY STRONG CONSTITUENCY IN FAVOR OF THE ICC."
HE SAID THAT THE GOI'S NEGOTIATING ROOM HAD NOT BEEN IMPROVED
BY THE COMMENT.


4. (C) ARAGONA DESCRIBED THE MOOD IN THE EU AS "TOUGH"
AGAINST THE U.S. POSITION. THE EU PRESIDENCY AND SEVERAL
STATES WERE LEADING THE CHARGE AGAINST NEGOTIATING BILATERAL
AGREEMENTS. "I ASSUME YOU HAVE OTHER COUNTRIES THAT ARE MORE
AMENABLE TO YOUR POSITION," ARAGONA SAID, NOTING HE HAD HEARD
REPORTS THAT SOME EU COUNTRIES HAD ENCOURAGED THE U.S. IN NEW
YORK TO NEGOTIATE ARTICLE 98 AGREEMENTS RATHER THAN SEEK A
WAIVER AT THE UN. A/DCM CONFIRMED THIS HAD OCCURRED. THEN
IT IS VITAL THAT THESE COUNTRIES SUPPORT THE U.S. IN EU
DISCUSSIONS ON SEPTEMBER 4, ARAGONA INSISTED. IT WOULD BE
THE RIGHT THING TO DO, BUT IT WAS ALSO CRUCIAL FROM A
TACTICAL STANDPOINT. THE U.S. MUST GET THESE COUNTRIES, AND
ANY OTHER FRIENDLY EU COUNTRIES, LINED UP IN ADVANCE OF THE
MEETING IN ORDER TO AVOID A UNIFIED POSITION AGAINST
NEGOTIATION OF ARTICLE 98 AGREEMENTS. "IF YOU FACE A WALL OF
OPPOSITION," ARAGONA WARNED, ITALY ALONE COULD NOT REVERSE
THE TREND. EMPHASIZING THAT HE TRUSTED HIS REMARKS WOULD BE
TREATED WITH DISCRETION, ARAGONA SHARED THAT HE HAD NOT SEEN
MUCH SUPPORT FOR THE U.S. POSITION IN THE EU.
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PAGE 04 ROME 04031 01 OF 02 161444Z


5. (C) ARAGONA CONTINUED THAT HE UNDERSTOOD THE REMARKS OF
A GOVERNMENT SPOKESPERSON WERE INTENDED FOR DOMESTIC
CONSUMPTION. BUT THE U.S. APPROACH WAS HAVING AN
ANTAGONIZING EFFECT ABROAD, HE DECLARED. RATHER THAN
CONTINUOUSLY EMPHASIZING THE NEED TO "PROTECT" ITS PEOPLE,
ARAGONA URGED THAT THE U.S. FOCUS ON ITS DESIRE TO REMAIN
INVOLVED INTERNATIONALLY AND IN PEACEKEEPING OPERATIONS. THE
U.S. WOULD GET FARTHER IF IT EMPHASIZED ITS COMMITMENT,
RATHER THAN ITS SEPARATENESS AND ITS "STANDARD POSITION"
AGAINST INTERNATIONAL JURISDICTIONS. ARAGONA AGAIN DECLARED
THAT THE GOI WANTED TO ARRIVE AT A WAY TO ACCOMMODATE THE
U.S. NEEDS; HIS REMARKS WERE OFFERED IN THAT LIGHT.


6. (C) A/DCM THANKED ARAGONA FOR THE USEFUL INFORMATION AND
HELPFUL SUGGESTIONS. HE CONTINUED THAT THE ROME TREATY WAS
AN ACHIEVEMENT OF WHICH EUROPEAN MFA LEGAL EXPERTS WERE
UNDERSTANDABLY PROUD AND WHICH THEY WOULD WANT TO DEFEND.
BUT, HE ADDED, THE ISSUE OF ARTICLE 98 AGREEMENTS WAS TOO
IMPORTANT TO LEAVE TO THE EU'S LEGAL EXPERTS. WERE THE EU TO
TAKE A POSITION AGAINST BILATERAL AGREEMENTS, THERE WOULD BE
SERIOUS NEGATIVE EFFECTS AND NO POSITIVE ONES. IT WOULD BE A
SIGNIFICANT IRRITANT IN U.S.-EU RELATIONS. "THAT WON'T
HAPPEN," ARAGONA SAID FLATLY. "THERE WILL NOT BE A BINDING

CONFIDENTIAL

CONFIDENTIAL PTQ0229

PAGE 01 ROME 04031 02 OF 02 161444Z
ACTION IO-00

INFO LOG-00 NP-00 AID-00 ACQ-00 CIAE-00 DOEE-00 SRPP-00
DS-00 EUR-00 FBIE-00 VC-00 H-01 SSA-01 TEDE-00
INR-00 JUSE-00 L-00 VCE-00 AC-01 NEA-00 NRRC-00
NSAE-00 OIC-02 OMB-01 PA-00 PM-00 PRS-00 ACE-00
P-00 SCT-00 SP-00 IRM-00 SSO-00 SS-00 TRSE-00
T-00 USIE-00 EPAE-00 SSD-00 PMB-00 DSCC-00 PRM-00
DRL-02 G-00 NFAT-00 SAS-00 SWCI-00 /008W
-------------- DA36CE 161445Z /38
O 161437Z AUG 02
FM AMEMBASSY ROME
TO SECSTATE WASHDC IMMEDIATE 5438
INFO NATO EU COLLECTIVE
USMISSION USUN NEW YORK
SECDEF WASHDC
JOINT STAFF WASHDC
NSC WASHDC
USCINCCENT MACDILL AFB FL
USCINCEUR VAIHINGEN GE

C O N F I D E N T I A L SECTION 02 OF 02 ROME 004031

SIPDIS

E.O. 12958: DECL: 08/09/2012
TAGS: PREL MARR PARM RS IR PREL MARR PARM RS IR IT KICC UNGA ITKICC UNGA
SUBJECT: GOOD ADVICE ON ARTICLE 98 AGREEMENTS FROM ITALY

DECISION NOT TO SIGN. OF THIS THERE IS NO DOUBT." THE
PROBLEM, RATHER, WAS HOW TO SAFEGUARD THE INTEGRITY OF THE
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PAGE 02 ROME 04031 02 OF 02 161444Z
COURT WITH A LEGAL RESOLUTION THAT FITS U.S. NEEDS. "ONE MAY
BE ARTICLE 98, BUT THERE MAY BE OTHERS," HE SAID. A/DCM
PROMISED TO KEEP THE GOI INFORMED OF WHICH OTHER EU MEMBERS
WOULD BE SUPPORTIVE OF THE GOI'S POSITION AGAINST A NEGATIVE
CONSENSUS.


7. (C) COMMENT: ARAGONA'S VIEWS WERE HONEST AND DIRECT
EXPRESSIONS OF BOTH THE CONSTRAINTS ITALY FACES AND ITS
WILLINGNESS TO BE OUR PARTNER IN THIS ENDEAVOR, HELPING US TO
MOVE THE ISSUE FORWARD BILATERALLY AND IN THE EU CONTEXT. IT
IS INCUMBENT ON US, HOWEVER, NOT TO MAKE THIS EFFORT ANY MORE
DIFFICULT FOR THE GOI AND OUR OTHER ALLIES IN THIS DEBATE.
ITALY FACES, AS ARAGONA EXPLAINED, A STRONG AND VOCAL
DOMESTIC CONSTITUENCY IN FAVOR OF THE COURT. ITS ROLE AS
HOST OF THE TREATY SIGNING THAT LED TO THE COURT'S CREATION
IMPOSES YET ANOTHER PUBLIC CONSTRAINT ON ITALY'S FLEXIBILITY.
MANY OF OUR INTERLOCUTORS UNDERSTAND THAT THE ARTICLE 98
AGREEMENTS ARE NOT MEANT TO UNDERMINE THE COURT OR CONTRAVENE
THE TREATY'S INTENT. JUST THE OPPOSITE, AS WE CONTINUE TO
STRESS. BUT THE ITALIAN PUBLIC, FANNED BY THE NOTORIOUSLY
UNRELIABLE AND PARTISAN ITALIAN PRESS, CAN BE LED TO BELIEVE
OTHERWISE UNLESS THE DEBATE IS MANAGED AS CAREFULLY AS
POSSIBLE. WE NEED TO ENSURE THAT OUR STATEMENTS HERE,
ELSEWHERE IN EUROPE, AND IN WASHINGTON DO NOT MAKE THE GOI'S
JOB MORE DIFFICULT AS IT SEEKS TO WORK WITH US IN THIS PUBLIC
RELATIONS MINEFIELD.


8. (C) COMMENT, CONT. ARAGONA'S SUGGESTIONS FOR HONING OUR
PUBLIC APPROACH AS WE SEEK ARTICLE 98 AGREEMENTS ARE GOOD
ADVICE, IN THE EUROPEAN CONTEXT. DESPITE USG EFFORTS TO
DISPEL THE MYTH, THE PERCEPTION CONTINUES IN ITALY AND
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PAGE 03 ROME 04031 02 OF 02 161444Z
ELSEWHERE THAT THE U.S. PRESSURED, EVEN CONTINUES TO
PRESSURE, COUNTRIES NOT TO SUPPORT THE COURT. OR MEASURES
TO PROTECT AMERICANS ABROAD STRIKE MAN IN EUROPE AS
DISINGENUOUS, HYPOCRITICAL AND OFFNSIVE. AS ARAGONA
IMPLIED, WE NEED TO SOUNDLY RFUTE THE MISPERCEPTION THAT AN
ARTICLE 98 AGREEMNT IS INTENDED TO CRIPPLE THE COURT. IF WE
CAN ONVINCINGLY ARTICULATE HOW THESE AGREEMENTS, BY
RSOLVING USG CONCERNS, WILL MAKE IT EASIER FOR THE .S. TO
CONTINUE TO OUR LEADING INTERNATIONAL INVLVEMENT, WE WILL
HAVE GIVEN OUR ALLIES IN THIS DSPUTE SOMETHING TO ARGUE ON
OUR BEHALF DURING UPOMING EU DELIBERATIONS.


9. (C) CONCLUSION: EMBASY APPRECIATES DEPARTMENT'S EXTRA
EFFORT TO MAKE AVAILABLE (INCLUDING ON INTRANET) INFORMATION
ANDTALKING POINTS ON ARTICLE 98. WE WILL BE DEPLOYIN THESE
IN A SERIES OF PRESS BACKGROUNDERS FOR AL MAJOR MEDIA,
DESPITE THE LATE-AUGUST ITALIAN HOLIDAY SEASON. WE WOULD
GREATLY APPRECIATE THE DEPARTMENT AND OTHER POSTS IN EU
STATES KEEPING US INFORMED OF WHICH OTHER EU MEMBERS ARE
LIKELY TO RESIST ADOPTION OF A NEGATIVE CONSENSUS, SO THAT
THE GOI CAN COORDINATE A COMMON APPROACH TO THE EU DISCUSSION
OF THIS TOPIC.
SKODON

CONFIDENTIAL

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2002ROME04031 - Classification: CONFIDENTIAL