ARTICLE 98

S E C R E T KUWAIT 000367 SIPDIS STATE FOR PM, PM/B, L/PM, T, NEA, NEA/ARP, NEA/NGA E.O. 12958: DECL: 02/03/2014 TAGS: PREL MARR KU IZ SUBJECT: ARTICLE 98 Classified By: CDA FRANK C. URBANCIC. REASON: 1.4 (B) AND (D). ¶1. This is an action cable. See para 4. ¶2. (S) During his January 27, 2004 meeting with visiting Assistant Secretary Lincoln Bloomfield Jr. and Principal Deputy Assistant Secretary of Defense for International Security Affairs Peter C.W. Flory, the Kuwait Minister of Foreign Affairs, Dr. Mohammed Al-Sabah told his guests that the GOK has decided not to participate in the ICC. He said that the legal committee has reviewed the ICC legislation carefully, and decided that it conflicted with Kuwait's constitution. Therefore, he said, on the advice of Foreign Ministry legal counsel, the Article 98 Agreement with the United States had been pulled back before undergoing ratification in Parliament. Dr. Mohammed added that since Kuwait would not be a signatory to the ICC, signing the Article 98 Agreement with the U.S. becomes moot. ¶3. (S) Bloomfield responded that while he was not able to address the Ministry's legal rationale for concluding that ratification is unnecessary, the U.S. was bringing agreements into force with Rome Statute parties and non-parties alike. Flory told Dr. Mohammed that several countries were in similar situations and the U.S. preferred to proceed with the agreement, despite the GOK decision against the ICC. This was because without the agreement it was still possible that some of these countries could decide to refer Americans to the ICC, even though they were not obliged to. Bloomfield said the U.S. would come back to the Minister with an authoritative view on ratification and entry into force. Dr. Mohammed commented, as an aside, that he did not think the Parliament would consider the agreement controversial. ¶4. (C) Action requested: Request Department provide Embassy a legal view, to be shared with Dr. Mohammed, on the importance and value of the Article 98 Agreement even between non-parties to the Rome Statute, and on the necessity of Parliamentary ratification in order to bring the agreement into force, if indeed this is the case. ¶5. (U) Assistant Secretary Bloomfield has cleared this message. URBANCIC