US embassy cable - 04YEREVAN1815

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