US embassy cable - 02TEGUCIGALPA2472

C O N F I D E N T I A L TEGUCIGALPA 002472 
 
SIPDIS 
 
STATE FOR WHA/CEN, L, T, P, D, IO, S/WCI, S/P 
 
STATE FOR PM/B, CWG/PM, PM/AT 
 
OSD PLEASE PASS OGC/ALLEN 
 
E.O. 12958:  DECL: 08/29/12 
TAGS: PREL, KTIA, PGOV, HO, KICC, UNGA 
SUBJECT: HONDURAS LIKELY TO CONCLUDE ART. 98 AGREEMENT, 
COLOMBIA ASKS RIO GROUP TO DISCUSS ISSUE AT UNGA 
 
Reftel: State 157638 
 
Classified by PolChief Francisco Palmieri, Reasons 1.5 
(b) and (d) 
 
1. (U) This cable contains an action request. Please see 
paragraph 4. 
 
2. (C) During his August 28 meeting with Honduran Foreign 
Minister Guillermo Perez-Cadalso, WHA A/S Otto Reich 
reviewed the importance of an ICC Article 98 bilateral 
agreement to the U.S. and reviewed the draft model text 
for a bilateral agreement.  The FM told A/S Reich that 
Honduras would work closely with the U.S. to address U.S. 
concerns.  Reich also underscored the importance of the 
Article 98 agreement to President Ricardo Maduro in a 
separate meeting the same date.  Maduro understood the 
logic of the U.S. position and indicated his preliminary 
support.  In addition, A/S Reich covered the issue in his 
August 28 meeting with Minister of Defense Fred Breve and 
in a conversation with National Security Advisor Ramon 
Medina Luna.  MFA officials assured Emboffs that Honduras 
would be likely to conclude such an agreement with the 
U.S.  (Note:  Ambassador presented reftel demarche to the 
FM last week. End Note.) 
 
3. (C) Separately, the FM alerted A/S Reich that Colombia 
has proposed that the Rio Group meet to discuss and study 
Article 98 agreements.  The FM said that the Colombians 
might want a consensus Rio Group position on proposed 
U.S. bilateral agreements under Article 98 of the Rome 
Treaty.  Other MFA officials opined privately that the 
Colombians were most likely seeking regional political 
cover before proceeding with a bilateral agreement with 
the U.S.  The Hondurans said that there was an effort to 
organize a meeting of Rio Group FMs on this issue at the 
UNGA. 
 
4. (U) ACTION REQUEST FOR PM/AT: The MFA queried us as to 
why we did not think that the existing 1954 U.S.-Honduran 
bilateral agreement already provided sufficient 
protections from ICC extradition requests for U.S. troops 
based in or visiting Honduras.  Post will explore this 
issue with Joint Task Force-Bravo lawyers, but requests 
State's PM/AT provide input on the appropriate U.S. 
response. 
 
5. (C) COMMENT: MFA officials went to great lengths to 
assure Emboffs that GOH would conclude an Article 98 
agreement with U.S.  They understand fully the importance 
of this issue to the U.S.  We will push the GOH to be 
among the first Latin American countries to sign an 
agreement but upcoming UNGA travel schedules of key MFA 
officials may impede a quick GOH review of the proposed 
text and delay final GOH approval.  End Comment. 
 
ALMAGUER