Identifier
Created
Classification
Origin
03ABUJA1134
2003-06-30 19:02:00
CONFIDENTIAL
Embassy Abuja
Cable title:  

NIGERIA SIGNS ARTICLE 98 AGREEMENT

Tags:  PREL PGOV MARR MOPS KTIA NI KICC 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L ABUJA 001134 

SIPDIS


DEPARTMENT FOR: PM/B, L, T, P, D, IO, S/WCI, S/P, CWG/PM,
PM/AT,
AF FOR DAS BRIDGEWATER
AF/W FOR DAN EPSTEIN,
OSD/ISP/NP FOR LOOK,
DOD/OGC FOR ALLEN


E.O. 12958: DECL: 06/30/2008
TAGS: PREL PGOV MARR MOPS KTIA NI KICC
SUBJECT: NIGERIA SIGNS ARTICLE 98 AGREEMENT


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


C O N F I D E N T I A L ABUJA 001134

SIPDIS


DEPARTMENT FOR: PM/B, L, T, P, D, IO, S/WCI, S/P, CWG/PM,
PM/AT,
AF FOR DAS BRIDGEWATER
AF/W FOR DAN EPSTEIN,
OSD/ISP/NP FOR LOOK,
DOD/OGC FOR ALLEN


E.O. 12958: DECL: 06/30/2008
TAGS: PREL PGOV MARR MOPS KTIA NI KICC
SUBJECT: NIGERIA SIGNS ARTICLE 98 AGREEMENT


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



1. (U) On June 30, during a private signing ceremony at
the Ministry of Justice, Solicitor-General I.A. Ayua signed
the Article 98 Agreement on behalf of the Federal Republic
of Nigeria. Ambassador Jeter signed on behalf of the
United States. Signed original has been sent to L/T via
registered pouch 2105851.



2. (C) At first, Ayua said the GON saw Article 98 as a
treaty requiring ratification by the National Assembly.
Ambassador Jeter explained, however, that the Rome Statute,
by including Article 98 contemplated that a party to the
treaty would enter into such agreements. Consequently,
when the Nigerian National Assembly ratified the Statute,
the Nigerian National Assembly also assented to the
possibility of Nigeria entering into such an agreement.
Because the Statute has been ratified, there was little
value or necessity in ratifying an act expressly approved
by the Statute.



3. (C) Responding positively to this line of reasoning,
Ayua conceded that National Assembly ratification might not
be required afterall. Ayua also mentioned that President
Obasanjo had told him he wanted the "entire issue behind
him" in time for President Bush's upcoming visit.



4. (C) We are preparing a non-paper for the GON outlining
the argument in favor of treating Article 98 as an
Executive Agreement. Obasanjo's desire to resolve the
issue before President Bush's visit may weigh heavily on
the GON's decision to handle this as an executive agreement
or treat.



5. (C) Ambassador also raised the possible desirability of
Nigerians concluding Article 98 agreements with member-
states in the West African Sub-region, recalling the
allegations of gross human rights abuses by Nigerian troops
taking part in peacekeeping operations in Liberia and
Sierra Leone. Had the Rome Treaty existed at that time,
Nigerian soldiers could have been subject to the
jurisdiction of the Court, whether the allegations were
true or not. The Solicitor-General took these points and
directed his staff to explore the possibility of concluding
Article 98 Agreements with member states of ECOWAS.



6. (C) In any event, President Obasanjo took a positive
and courageous decision. Now we have Africa's largest
country on the right side of the Article 98 ledger. We
should be able to use Nigeria's gravitational pull to
influence other African nations, especially other countries
in West Africa.
JETER