NIGERIA'S OBASANJO ON ARTICLE 98

C O N F I D E N T I A L ABUJA 000342 SIPDIS E.O. 12958: DECL:02/14/2013 TAGS: PREL MASS MARR NI ECOWAS SUBJECT: NIGERIA'S OBASANJO ON ARTICLE 98 CLASSIFIED BY AMBASSADOR HOWARD F. JETER. REASON 1.5(b). ¶1. (C) Accompanied by AF DAS Bridgewater and DCM, Ambassador Jeter February 14 urged Nigerian President Olusegun Obasanjo to conclude an Article 98 Agreement with the US. Ambassador Jeter stressed that the Rome Statute specifically provided for such bilateral accords and pointed out that Nigeria, as the major force in African PKOs, might want to consider concluding Article 98 Agreements with countries in the region. The US could not accept an international arrangement that subjected its service members to the jurisdiction of a body established by a treaty to which the US was not Party. He had already discussed Article 98 with National Security Adviser Aliyu Mohammed, Attorney-General Kanu Agabi and Minister of Defense T.Y. Danjuma, the Ambassador added. ¶2. (C) After listening to the Ambassador's presentation, Obasanjo instructed his International Affairs Advisor, Ad'Obe Obe (who was sitting in) to consider an Article 98 Agreement, specifically asking Obe to discuss it with Minister of Foreign Affairs Sule Lamido. ¶3. (C) COMMENT: Ambassador Jeter began the discussion of Article 98 by noting that the USG was not a Party to the Rome Statute. "It is a pity you are not," Obasanjo had rejoined. However, as the Ambassador described the ICC's reach and the risk it posed to Nigerian troops on peacekeeping duty, the Nigerian President took notice. At one point, Obasanjo commented that an "International Criminal Court is fine for drug traffickers, money launderers and the like, but I'm not sure it's right for the military." Foreign Minister Lamido and the MFA bureaucracy will likely oppose an Article 98 Agreement, but retired General Obasanjo is now interested to know how the interests of Nigerian service members can be protected. The Mission will continue to pursue conclusion of an Article 98 Agreement with Nigeria vigorously but carefully. End Comment. ¶4. (U) Ambassador Bridgewater cleared this message. JETER