Identifier
Created
Classification
Origin
04YEREVAN1815
2004-08-17 01:57:00
CONFIDENTIAL
Embassy Yerevan
Cable title:  

COURT HALTS RATIFICATION OF ROME STATUTE --

Tags:  MARR PARM PREL AM 
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C O N F I D E N T I A L YEREVAN 001815 

SIPDIS

DEPARTMENT FOR T AND EUR/CACEN

E.O. 12958: DECL: 08/14/2014
TAGS: MARR PARM PREL AM
SUBJECT: COURT HALTS RATIFICATION OF ROME STATUTE --
ARTICLE 98 MAY HAVE TO WAIT

REF: U/S BOLTON - EMBASSY YEREVAN TELCON OF 8/4/2004

Classified By: CDA A.F.Godfrey for reasons 1.5 (b,d)

Summary
-------

C O N F I D E N T I A L YEREVAN 001815

SIPDIS

DEPARTMENT FOR T AND EUR/CACEN

E.O. 12958: DECL: 08/14/2014
TAGS: MARR PARM PREL AM
SUBJECT: COURT HALTS RATIFICATION OF ROME STATUTE --
ARTICLE 98 MAY HAVE TO WAIT

REF: U/S BOLTON - EMBASSY YEREVAN TELCON OF 8/4/2004

Classified By: CDA A.F.Godfrey for reasons 1.5 (b,d)

Summary
--------------


1. (C) Armenia still hopes to ratify the Article 98
Agreement when the National Assembly returns from recess in
September. We pressed FM Oskanian to keep to this timetable,
but he said that the Constitutional Court is now reviewing
the agreement and may decide that it would be unlawful to
ratify the agreement until Armenia ratifies the Rome Statute.
We pressed Oskanian to de-link the two agreements, since we
understand it may take some time for the Rome Statute to make
its way to the parliament. Oskanian agreed to explore this
option. End Summary.


2. (C) On August 12, CDA met with Foreign Minister Vartan
Oskanian to to underscore the USG's strong view that the
Article 98 agreement with Armenia should be ratified as soon
as possible. We noted U/S Bolton's recent personal
engagement (ref) and asked how the GOAM saw this issue
proceeding.


3. (C) Oskanian said that he recognized the importance of
the Agreement to the USG and appreciated U/S Bolton's
personal involvement. The GOAM continues to hope that the
National Assembly will ratify the Agreement early in the
autumn session. Because the Agreement contains language
referring to the Rome Statute, it may be unlawful to ratify
the document until the Rome Statute itself has been ratified,
Oskanian explained.


4. (C) The Government's strategy had been to move the Rome
Statute and the Article 98 Agreement to the parliament
together, said Oskanian. But according to Oskanian, the GOAM
finds the Statute to be "problematic in many ways" and the
Constitutional Court is reviewing whether the Rome Statute
can be forwarded to the parliament at all. We pressed
Oskanian to try to de-link the two documents; the USG wants
to count Armenia among those countries which have both signed
and ratified an Article 98 agreement.


5. (C) Although Armenia signed the Rome Statute in 1998,
President Kocharian waited until July 15 to ask the
Constitutional Court to review whether the parliament could
ratify the Statute. On August 13, the Court ruled that the
Statute is unconstitutional and that five articles of
Armenia's constitution would have to be amended before it
could be ratified.


6. (C) On August 13, Deputy Foreign Minister Tatul Margaryan
told CDA that the GOAM had pointed out the potential problem
when negotiating test of the Agreement, but the U.S. side
insisted on a specific reference to the Rome Statute. He was
pessimistic about prospects for de-linking the two
agreements.
GODFREY