US embassy cable - 04YEREVAN33

UNCLAS SECTION 01 OF 02 YEREVAN 000033 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR EUR/CACEN ESIDEREAS, FOR T JCORBETT 
 
E.O. 12958: N/A 
TAGS: PREL, PARM, PGOV, AM 
SUBJECT:  GOAM PROPOSED TEXT FOR AN "ARTICLE 98" AGREEMENT 
 
 
1. (U) Sensitive But Unclassified.  Not for Internet 
Distribution. 
 
2. (SBU) The GOAM presented us with a diplomatic note 
January 8 containing their proposed text for an "Article 98" 
agreement.  We have faxed the full text (including a line by 
line GOAM explanation of the proposed changes) to the 
Department for consideration. 
 
3. (SBU) Begin text of the GOAM proposal: 
 
Agreement 
between the Republic of Armenia 
and 
the United States of America 
regarding the surrender or extradition of persons committed 
genocide, crimes against humanity and war crimes to the 
international tribunals 
 
The Republic of Armenia and the United States of America, 
hereinafter "the Parties", 
 
Reaffirming the importance of bringing to justice those who 
commit genocide, crimes against humanity and war crimes, 
 
Considering that the Parties have each expressed their 
intention to evaluate or investigate available information 
regarding the facts and, in case of sufficient evidences, to 
prosecute the acts of genocide, crimes against humanity and 
war crimes alleged to have been committed by their 
officials, employees, military personnel or other nationals, 
 
Hereby agree as follows: 
 
Article 1 
 
For purposes of this Agreement: 
 
a)  "persons" are nationals of one Party, including 
officials, employees and military personnel sent to the 
territory of the other Party by virtue of an international 
agreement between Parties; 
 
b)  "genocide, crimes against humanity and war crimes" are 
crimes as defined in international treaties and/or national 
law of the Parties; 
 
c)  "international tribunals" are international tribunals 
established by international treaties. 
 
Article 2 
 
Persons of one Party present in the territory of the other 
shall not, absent the expressed consent of the first Party, 
 
a)  be surrendered or transferred by any means to the 
international tribunals for any purpose, or 
 
b)  be surrendered or transferred by any means to any other 
entity or third State, or expelled to a third State, for the 
purpose of surrender to or transfer to the international 
jurisdiction. 
 
Article 3 
 
Each Party undertakes that when extraditing the person of 
the other Party present on its territory to the third State, 
an agreement must be reached with that third State that the 
person shall not be re-extradited or transferred to an 
international tribunal without prior expressed consent of 
the other Party. 
 
Article 4 
 
1.  This Agreement may be amended or revised by the mutual 
consent of the Parties. 
 
2.  Such amendment or revision shall enter into force in the 
same manner as provided by the paragraph 1 of the Article 5 
of this Agreement. 
 
Article 5 
 
1.  This Agreement shall enter into force upon an exchange 
of notes confirming that each Party has completed the 
necessary domestic legal requirements to bring the Agreement 
into force. 
 
3. [sic] This Agreement shall be concluded for a period of 
three years and shall be extended automatically for one-year 
periods unless terminated by written notification by one of 
the Parties at least three months prior to the expiration of 
each period. 
 
4.  The provisions of this Agreement shall continue to apply 
with respect to any act occurring, or any allegation 
arising, before the effective date of termination. 
 
Done in .... on .... in duplicate each in Armenian and 
English languages, both texts being equally authentic. 
For the Republic of Armenia 
For the United States of America 
 
End text. 
WALKER