US embassy cable - 02ROME3796

C O N F I D E N T I A L ROME 003796 
 
SIPDIS 
 
MOSCOW FOR U/S BOLTON 
 
E.O. 12958: DECL: 08/01/2012 
TAGS: PREL, IT, KICC 
SUBJECT: ICC: ITALY'S ENCOURAGING POSITION ON ARTICLE 98 
AGREEMENT 
 
REF: A. ROME 3580 
                       CONFIDENTIAL 
 
PAGE 02        ROME  03796  011602Z 
     B. ROME 3703 
     C. ROME 3760 
 
CLASSIFIED BY: ACTING DCM THOMAS COUNTRYMAN FOR REASONS 1.5 (B) AND (D) 
 
1. (C) ON AUG 1, THE AMBASSADOR AND ADCM MET WITH AMBASSADOR 
GIOVANNI CASTELLANETA, THE DIPLOMATIC ADVISOR TO PM AND 
ACTING FM BERLUSCONI, TO DISCUSS THE INTERNATIONAL CRIMINAL 
COURT (ICC).  (OTHER ISSUES REPORTED SEPTEL.)  THE AMBASSADOR 
DEPLOYED THE "SUPER-TALKER" POINTS ON THE ICC AND ARTICLE 98 
AGREEMENTS WITH CASTELLANETA AND STRESSED, AS HE HAD 
PREVIOUSLY, THAT SIGNING AN ARTICLE 98 AGREEMENT WITH THE GOI 
IS A TOP PRIORITY FOR THE PRESIDENT.  THE AMBASSADOR 
UNDERSCORED THAT THE U.S. IS NOT TRYING TO SABOTAGE THE COURT 
BUT IS RATHER TRYING TO PROTECT ITS PERSONNEL WITH AN ARTICLE 
98 AGREEMENT.  FURTHERMORE, SUCH AGREEMENTS FALL WITHIN THE 
ROME STATUTE PROVISIONS. 
 
2. (C) CASTELLANETA REPLIED THAT THE GOI PREFERS TO WAIT 
UNTIL THE EU REACHES A CONSENSUS ON ARTICLE 98 AGREEMENTS. 
IN ANY CASE, THE GOI WOULD BE WILLING TO SIGN ONE WITH THE 
U.S., SAID CASTELLANETA.  THE GOI LEGAL ADVISORS HAVE 
CONFIRMED THERE WAS NO LEGAL OR JURIDICAL OBSTACLE TO SIGNING 
SUCH AN AGREEMENT.  CASTELLANETA SUGGESTED THE OPTION OF 
SIGNING A "ONE-SIDED AGREEMENT" WITH THE USG BY WHICH THE GOI 
WOULD AGREE NOT TO TURN U.S. PERSONNEL OVER TO THE ICC BUT 
WOULD NOT SEEK SIMILAR PROTECTION FOR ITALIAN PERSONNEL FROM 
THE USG. 
 
3. (C) COMMENT: THIS IS THE MOST POSITIVE RESPONSE EMBASSY 
HAS YET RECEIVED ON THE ISSUE OF AN ARTICLE 98 AGREEMENT WITH 
                       CONFIDENTIAL 
 
PAGE 03        ROME  03796  011602Z 
THE GOI (SEE REFTELS).  IT APPEARS THAT ONCE AGAIN, WHEN 
PRESIDENT BUSH ASKS PRIME MINISTER BERLUSCONI FOR HELP, THE 
HELP IS FORTHCOMING.  DURING HIS ROME CONSULTATIONS ON AUG 5, 
WE RECOMMEND THAT U/S BOLTON FOLLOW UP WITH GOI INTERLOCUTORS 
ON THE USG'S STRONG INTEREST IN SIGNING A BILATERAL ARTICLE 
98 AGREEMENT WITH ITALY AS SOON AS POSSIBLE AND ENCOURAGE 
ITALY TO PREVENT A COMMON EU POSITION OPPOSING ARTICLE 98 
AGREEMENTS.  WE SPECULATE THAT CASTELLANETA'S SUGGESTION THAT 
WE SIGN A "ONE-SIDED AGREEMENT" COULD BE THE GOI'S WAY TO 
STRIKE A BALANCE BETWEEN THE U.S. AND THE EU POSITIONS ON THE 
ICC.  IT MAY OFFER THEM A WAY TO REAFFIRM, TO BOTH ITALIAN 
AND EUROPEAN PUBLIC OPINION, THEIR COMMITMENT TO THE ICC BY 
DEMONSTRATING THAT THEY ARE WILLING TO SUBJECT THEIR OWN 
PERSONNEL TO THE COURT, EVEN WHILE HONORING OUR REQUEST TO 
USE OUR OWN COURTS TO TRY ACCUSED US PERSONNEL.  END COMMENT. 
SEMBLER 
 
                       CONFIDENTIAL 
 
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 2002ROME03796 - Classification: CONFIDENTIAL