C O N F I D E N T I A L SECTION 01 OF 02 SANAA 001450

SIPDIS

E.O. 12958: DECL: 06/21/2013
TAGS: PREL KTIA YM KICC
SUBJECT: U/S BOLTON 6/16-17 VISIT TO YEMEN: ARTICLE 98

REF: A. 02 STATE 84875 B. SANAA 1263

Classified By: DCM ALAN G. MISENHEIMER FOR REASONS 1.5 (B) AND (D)

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Summary
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1. (C) Summary: ROYG Foreign Minister al-Qirbi pledged his
support for an Article 98 agreement with the U.S. during the
June 16-17 visit of U/S Bolton. On timing, President Saleh
was equivocal, suggesting that Yemen would not sign until a
specified list of other Arab states were on board. According
to the Foreign Minister, Saleh later agreed that Yemen would
join "some" other Arab signatories by exchanging diplomatic
notes (on the Egyptian model). Al-Qirbi estimates the
Ministry of Legal Affairs will take six to eight weeks to
complete preparations for the notes. Parliamentary
ratification of the Rome statute, which Yemen signed in 2002,
will not come until some time later in the year. End Summary


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Article 98: Important to America
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2. (C) During his June 16-17 visit to Yemen (septels), Under
Secretary John Bolton pressed Foreign Minister Abu Bakr

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al-Qirbi on the urgent need to sign an Article 98 agreement
with the U.S. Explaining the importance of the issue to the
American people, as well as the Administration, U/S Bolton
assured the Minister that Article 98 is not meant to provide
immunity for American citizens accused of serious crimes. In
such circumstances, U.S. courts would provide immediate and
vigorous prosecution. The International Criminal Court, in
contrast, risks becoming politicized and thus losing both
credibility and effectiveness.


3. (C) U/S Bolton reminded the Foreign Minister that Egypt,
Djibouti, and Bahrain had already signed Article 98
agreements, and Kuwait was about to do so. Yemen should join
them as soon as possible. A team of experienced U.S.
negotiators would be ready to assist with any ROYG questions.

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Endorsing the Agreement
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4. Al-Qirbi agreed on the importance of concluding an
Article 98 agreement, having studied the issue for some time.
His staff had recently completed a report on Article 98,
recommending an exchange of diplomatic notes, rather than a
bilateral trea

ty that would require parliamentary approval.
Al-Qirbi promised U/S Bolton to refer that report, with his
endorsement, to the Ministry of Legal Affairs for action.

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President Saleh: Bargaining on Numbers
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5. President Ali Abdullah Saleh seemed less forthcoming
during his Article 98 discussions with U/S Bolton. Saleh
said he wanted to see his GCC neighbors and a number of other
Arab states on board before Yemen signed. His list of
countries which must act before Yemen included the GCC
countries, Egypt, Djibouti, Jordan Morocco, Tunisia, and
Mauritania. Half-jokingly, he proposed that the U.S. commit
$100 million in development aid if it needed Yemen's
immediate agreement.


6. U/S Bolton reminded Saleh that it was politically
important for Yemen to sign an agreement as soon as possible.
Other Arab States had either signed already, or were in the
process of concluding agreements; Yemen should not wait for
the last minute.

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Yemeni Timetable: Six to Eight Weeks
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7. In a follow-up meeting on June 18 with Charge, FM
al-Qirbi said he had reviewed U/S Bolton's visit with ROYG
President Saleh. Saleh had agreed in principle to an Article
98 signing, as long as "some" other Arab states were already
enrolled. With this presidential green light, Qirbi
estimated that the Ministry of Legal Affairs would take six
to eight weeks to prepare for the exchange of notes.


8. The Charge welcomed al-Qirbi's assurances, and again
stressed the need for Yemen to conclude an agreement as soon
as possible. Rather than waiting for other Arab states to
act, Yemen should lead. Al-Qirbi quipped that leadership is
costly in the Middle East, but Yemen would proceed. Charge
asked the Foreign Minister to follow the issue personally,
and promised to supply any information required by the
Ministry of Legal Affairs. He stressed that the exact
wording of the text is very important and should follow the
successful models already in force to prevent unnecessary
delay.


7. Qirbi concluded by noting that Yemen's formal
ratification of the Rome Statute was "months away." It had
been referred to the Yemeni Parliament for ratification
immediately after signing. However, with the seating of the
new parliament and government following the April 2003
elections, the ratification process would have to begin again
as new business.

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COMMENT
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8. Comment: FM Qirbi's timeline - six to eight weeks for
Legal Affairs to complete preparations for the exchange of
diplomatic notes - is potentially achievable, given President
Saleh's nod of approval and the number of Arab states now
lined up for signature. We will prod the ROYG on Article 98
progress at every opportunity, and provide whatever
information resources are needed to speed the work. End
Comment
MISENHEIMER