US embassy cable - 04ANKARA2770

C O N F I D E N T I A L ANKARA 002770 
 
SIPDIS 
 
 
DEPARTMENT FOR EUR/SE 
 
 
E.O. 12958: DECL: 05/17/2014 
TAGS: PREL, MARR, PHUM, TU 
SUBJECT: GOT PREPARING FOR EVENTUAL ICC MEMBERSHIP, 
STALLING ON ARTICLE 98 
 
 
REF: 03 ANKARA 2317 AND PREVIOUS 
 
 
Classified by Ambassador Eric S. Edelman; reasons 1.4 b and d. 
 
 
1. (U) Action request -- para 4. 
 
 
2. (U) Levent Sahinkaya, head of the MFA International 
Political Organizations Department, told us April 22 that the 
GOT intends to eventually become a signatory to the 
International Criminal Court (ICC).  He denied press reports 
indicating that Turkey will join the ICC "in the next couple 
of weeks."  He averred that the GOT is in no hurry, noting 
that while the EU has made it clear it wants Turkey to join 
the ICC, it does not require that Turkey join before 
beginning accession negotiations.  He claimed not to know 
when Turkey would be prepared to join.  Sahinkaya said the 
GOT is beginning to prepare the legal ground for becoming a 
party to the Rome Statute.  For example, on May 7 Parliament 
adopted a package of constitutional amendments under which 
Article 38 of the Constitution will be revised to allow for 
the extradition of Turkish citizens under obligations 
required by ICC membership (if and when Turkey joins the 
body). 
 
 
3. (U) We asked Sahinkaya whether the GOT is now prepared to 
reach an Article 98 agreement with the U.S.  One of the GOT 
arguments for not signing an Article 98 agreement has been 
that Turkey is not an ICC member.  However, it remains clear 
that Turkey will become an ICC member at some point as its EU 
accession process goes forward.  Sahinkaya said there is no 
change in the GOT position.  The GOT is not willing to risk 
an Article 98 agreement becoming an issue for Turkey's EU 
candidacy.  He said he understands that the U.S. has reached 
an Article 98 agreement with the UK, and asked if Embassy 
could provide him a copy of that agreement.  He also asked 
for updates on U.S. efforts to reach agreement with the EU on 
the issue.  (Note: The Ambassador raised the issue of an 
Article 98 agreement in a conversation with MFA U/S Ziyal May 
12; Ziyal gave a noncommittal response.  End Note). 
 
 
4. (C) Comment and Action Request: The GOT is still unwilling 
to engage with the U.S. on the Article 98 question (reftels), 
and is clearly wary of alienating the EU in the run-up to the 
December EU Summit.  The decision to make reference to the 
ICC in the Constitution, before even joining the body, is 
clearly intended to impress the EU.  Constitutional Committee 
Chairman Burhan Kuzu argued during deliberations over the 
constitutional amendments that there is no need to make 
reference to the ICC in the Constitution, regardless of 
whether Turkey is a member.  Until such time as EU members 
begin to accept Article 98 agreements with the U.S. we cannot 
expect progress with Turkey.  We would, therefore, welcome 
information on the status of Article 98 discussions with the 
EU and leading EU members. 
 
 
EDELMAN