FONMIN MUASHER ON STATUS OF ARTICLE 98 NEGOTIATIONS

C O N F I D E N T I A L AMMAN 007578 SIPDIS DEPARTMENT FOR PM - BBODINE, NEA, AND NEA/ARN E.O. 12958: DECL: 11/20/2013 TAGS: PREL MOPS JO SUBJECT: FONMIN MUASHER ON STATUS OF ARTICLE 98 NEGOTIATIONS Classified By: Amb. Edward W. Gnehm for reasons 1.5 (b) (d) -------------- --- WORKING SERIOUSLY TOWARD AN ARTICLE 98 AGREEMENT -------------- --- ¶1. (C) Foreign Minister Marwan Muasher told the Ambassador November 19 that Jordan wants to conclude an Article 98 agreement with the U.S., and that he has instructed Jordanian UN PermRep Prince Zaid bin Raad to be "as flexible as possible" in working out bridging language between the U.S. and Jordanian drafts. He said he understands that Prince Zaid and the Jordanian Mission in New York are in nearly daily contact with USUN and/or Washington, and asked Prince Zaid to follow up with a revised draft before the next negotiating session on November 26. ¶2. (C) Muasher said that Jordan has two concerns that it is trying to address in negotiations. First, Jordan wants to make sure that the agreement does not conflict in any way with its obligations as a signatory of the Rome Statute. Given this concern, as well as Jordan's chairmanship of the ICC member states group, he argued, Jordan cannot sign the same type of agreement as non-ICC members. Second, Jordan cannot agree to language which might make it more difficult to prosecute individuals associated with forced population transfer, "an existential issue" for Jordan. -------------- COMMENT -------------- ¶3. (C) Muasher expressed a serious desire to sign an Article 98 agreement as soon as possible, and we are pleased that he has instructed Prince Zaid to be flexible on bridging language. His rhetoric was firm, however, on his determination not to sign an agreement with language that did not protect the two Jordanian interests mentioned above. Given the short time before the King arrives in Washington (December 3),coupled with the intervening Eid holidays, it may be difficult to reach an agreement before the King meets the President; but the Foreign Minister pledged to be available -- even during a planned vacation -- if the Ambassador needed to reach him to resolve any issues that might arise. Visit Embassy Amman's classified web site at http://www.state.sgov.gov/p/nea/amman/ or access the site through the State Department's SIPRNET home page. GNEHM