US embassy cable - 02ABUJA2978

C O N F I D E N T I A L ABUJA 002978 
 
SIPDIS 
 
 
E.O. 12958: DECL: 11/01/12 
TAGS: PREL, KTIA, NI, KICC 
SUBJECT: NIGERIA: MOD DANJUMA QUESTIONS ARTICLE 98 
AGREEMENT 
 
 
REF: (A) STATE 157638 
(B) STATE 140390 
(C) STATE 135262 
 
 
CLASSIFIED BY AMBASSADOR HOWARD F. JETER; REASONS 1.5 (B) 
AND (D). 
 
 
1.  (C) During an October 25 meeting, Ambassador Jeter gave 
a draft Article 98 agreement (REF. A) to Minister of 
Defense Lieutenant General (ret.) Theophilus Y. Danjuma. 
In delivering talking points on the ICC (REFS. B and C), 
the Ambassador emphasized that Nigeria's active role in 
peacekeeping missions could make its servicemen vulnerable 
to politically motivated prosecutions.  Such would have 
been the case, for example, regarding Nigeria's ECOWAS 
troops in Sierra Leone.  It might, therefore, be in 
Nigeria's interest to consider the merits of an Article 98 
Agreement. 
 
 
2.  (C) Danjuma said he was "intrigued" by European Union 
member states' objections to Article 98 agreements, noting 
that many believe the U.S. would "kill the ICC the way it 
killed the League of Nations".  Danjuma also wondered if 
the ICC could implement its mandate if the international 
community "starts to make exceptions".  Ambassador replied 
that since Article 98 was part of the Rome Statute, the 
contracting states have agreed that such exceptions would 
not impair the ICC. Ambassador also mentioned that possible 
Congressional action under the American Servicemembers' 
Protection Act could conceivably, in the future, have some 
impact on security assistance relationships. 
 
 
3.  (C) Ambassador mentioned that he had also raised this 
issue with National Security Advisor Aliyu Mohammed, and 
also planned to raise it with the Attorney General at the 
earliest opportunity.  Danjuma said he would discuss the 
issue with Minister of Foreign Affairs Sule Lamido this 
week. 
JETER