US embassy cable - 03ABUJA342

C O N F I D E N T I A L ABUJA 000342 
 
SIPDIS 
 
 
E.O. 12958: DECL:02/14/2013 
TAGS: PREL, MASS, MARR, NI, ECOWAS 
SUBJECT:  NIGERIA'S OBASANJO ON ARTICLE 98 
 
 
CLASSIFIED BY AMBASSADOR HOWARD F. JETER. REASON 1.5(b). 
 
 
1.  (C) Accompanied by AF DAS Bridgewater and DCM, Ambassador 
Jeter February 14 urged Nigerian President Olusegun Obasanjo 
to conclude an Article 98 Agreement with the US.  Ambassador 
Jeter stressed that the Rome Statute specifically provided for 
such bilateral accords and pointed out that Nigeria, as the 
major force in African PKOs, might want to consider concluding 
Article 98 Agreements with countries in the region.  The US 
could not accept an international arrangement that subjected 
its service members to the jurisdiction of a body established 
by a treaty to which the US was not Party.  He had already 
discussed Article 98 with National Security Adviser Aliyu 
Mohammed, Attorney-General Kanu Agabi and Minister of Defense 
T.Y. Danjuma, the Ambassador added. 
 
 
2.  (C) After listening to the Ambassador's presentation, 
Obasanjo instructed his International Affairs Advisor, Ad'Obe 
Obe (who was sitting in) to consider an Article 98 Agreement, 
specifically asking Obe to discuss it with Minister of Foreign 
Affairs Sule Lamido. 
 
 
3.  (C) COMMENT:  Ambassador Jeter began the discussion of 
Article 98 by noting that the USG was not a Party to the Rome 
Statute.  "It is a pity you are not," Obasanjo had rejoined. 
However, as the Ambassador described the ICC's reach and the 
risk it posed to Nigerian troops on peacekeeping duty, the 
Nigerian President took notice.  At one point, Obasanjo 
commented that an "International Criminal Court is fine for 
drug traffickers, money launderers and the like, but I'm not 
sure it's right for the military."  Foreign Minister Lamido 
and the MFA bureaucracy will likely oppose an Article 98 
Agreement, but retired General Obasanjo is now interested to 
know how the interests of Nigerian service members can be 
protected.  The Mission will continue to pursue conclusion of 
an Article 98 Agreement with Nigeria vigorously but carefully. 
End Comment. 
 
 
4. (U) Ambassador Bridgewater cleared this message. 
 
 
JETER