US embassy cable - 02AMMAN5626

C O N F I D E N T I A L AMMAN 005626 
 
SIPDIS 
 
E.O. 12958: DECL: 09/30/2012 
TAGS: PREL, PGOV, US, JO, UN 
SUBJECT: MFA LEGAL ADVISOR SAYS ARTICLE 98 AGREEMENT STILL 
STUCK IN INTERNAL GOJ DISCUSSIONS 
 
Classified By: Amb. Edward W. Gnehm for reasons 1.5 (B) and (D) 
 
1.  (U)  This is an action request for the Department.  See 
para 5 below. 
 
2.  (C)  MFA Legal Advisor Samer Naber told PolCouns 
September 29 that the GOJ has not yet reached a conclusion on 
whether it can sign a bilateral Article 98 agreement with the 
U.S.  He noted that, although Justice Minister Nabulsi 
claimed to the DCM September 15 that the MOJ had finished 
formulating its opinion on such an agreement, the MOJ has not 
yet forwarded that opinion to the MFA.  Naber promised to try 
to spring the paper loose from the MOJ. 
 
3.  (C)  Furthermore, Naber continued, there are "political 
concerns," mostly on the part of Jordanian UN PermRep Prince 
Zaid bin Raad, that signing a bilateral Article 98 agreement 
with the U.S. would undercut Jordan's credibility as chair of 
the ICC member states' group.  Naber, who just returned from 
ICC discussions in New York earlier in September, noted that 
he felt far less interest in signing Article 98 agreement 
among other ICC member states than two months ago: discussion 
of Iraq has eclipsed discussion of Article 98 and the ICC in 
New York. 
 
4.  (C)  PolCouns noted that, while Naber was in New York, 
the number of states that have signed Article 98 agreements 
with the U.S. has grown from two to twelve.  He urged Jordan 
to follow suit.  Naber said that it would be helpful to know 
which twelve states had signed Article 98 agreements with the 
U.S., and whether any of them had signed or acceded to the 
ICC. 
 
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ACTION REQUEST 
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5.  (C)  Post would appreciate it if the department could 
forward by cable or e-mail (to Political Counselor Douglas 
Silliman) a list of those countries that have signed 
bilateral Article 98 agreements with the U.S., and whether or 
not those countries have also signed or acceded to the ICC. 
GNEHM