US embassy cable - 03ANKARA3842

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 003842 
 
SIPDIS 
 
 
DEPARTMENT FOR EUR/SE 
 
 
E.O. 12958: DECL: 06/13/2008 
TAGS: PREL, MARR, TU 
SUBJECT: ARTICLE 98: GOT SAYS IT SUPPORTS AGREEMENT IN 
PRINCIPLE, BUT WARY OF EU PRESSURE 
 
(U) Classified by DCM Robert Deutsch; reasons 1.5 b and d. 
 
 
1. (C) Summary: GOT officials told a visiting State and 
Defense Article 98 delegation June 10 that the GOT in 
principle favors reaching an Article 98 agreement with the 
US, but cannot do so at this time because of intense EU 
pressure.  The officials noted that Turkey is not a signatory 
to the International Criminal Court (ICC), and said the GOT 
would not turn Americans over to the ICC.  The delegation 
members noted that the EU had encouraged the US to reach 
Article 98 agreements, and said the US is seeking fair 
treatment, not impunity for war crimes.  They said the fact 
that the US has reached Article 98 agreements with 42 
countries indicates the EU view is not universal.  They 
argued that EU pressure will only increase as Turkey's EU 
candidacy advances.  End Summary. 
 
 
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EU Pressure Puts Turkey in "Awkward Position" 
--------------------------------------------- 
 
 
2. (C) Daryal Batibay, Director General of the MFA Department 
of Multilateral Political Affairs, and Tunc Ugdul, Batibay's 
deputy, told Patricia McNerney, T Senior Advisor, and Col. Al 
Ringgenberg, DOD/GC, that Turkey, as an EU candidate country, 
is under high-level EU pressure not to sign an Article 98 
agreement with the US that violates the EU's September 2002 
Guiding Principles.  In May, they said, the EU sent a letter 
to all candidate countries co-signed by EU Enlargement 
Commissioner Verheugen and Greek FM Papandreou (in his 
capacity as EU Council Chairman) "strongly recommending" 
against such agreements.  Batibay said this put Turkey in an 
"awkward position," because the Guiding Principles appear to 
be a non-starter for the US.  McNerney said the Guiding 
Principles are contradictory in parts and too narrow in scope 
-- they would cover only Amcit military personnel directly 
involved in a mission.  She said the Principles represent a 
unilateral EU interpretation of the Rome Statute -- the fact 
that the US has reached Article 98 agreements with 42 
countries, including a number of ICC members, indicates the 
EU view is not universal.  Ringgenberg said that, due to the 
efforts of some EU states, the Principles were designed to 
make it as difficult as possible to reach Article 98 
agreements.  Nevertheless, the US is making progress with a 
number of EU states that are sympathetic to the US view, he 
said. He noted it was the EU that suggested the US pursue 
Article 98 agreements.  McNerney said the US position has 
been distorted; we are not seeking impunity for our citizens, 
only for agreements preventing our personnel from being 
surrendered to a Court to which the US does not belong.  She 
said the US can prosecute any crime in the Rome Statute under 
its domestic laws, and has a strong record of prosecuting war 
crimes. 
 
 
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GOT: We Would Not Surrender Americans to ICC 
-------------------------------------------- 
 
 
3. (C) Batibay said the GOT would like to reach an Article 98 
agreement with the US, particularly in light of recent 
tensions in the US-Turkey relationship.  Ugdul added that the 
GOT agreed in principle with the US position on the ICC. 
Sovereign nations should be primarily responsible for trying 
war crimes suspects; the ICC should play only a supplementary 
role, he said.  Unfortunately, however, the US position is 
being distorted, especially in Europe, and has emerged as a 
political controversy, he said.  The timing is not right for 
Turkey to sign an agreement, he averred.  Batibay agreed, 
suggesting that the GOT might be able to reach an Article 98 
agreement after the June 25 US-EU summit, provided the US and 
EU can work out their differences on the issue.  In the 
meantime, Batibay argued, an Article 98 agreement should not 
be an urgent US-Turkey bilateral issue.  Unlike the other EU 
candidate countries, Turkey is not a signatory to the ICC and 
therefore is under no obligations to turn suspects over to 
the Court, he noted.  As a NATO member and close US ally, the 
GOT would not turn over Americans to the ICC, he said. 
Batibay said Turkey will eventually have to join the ICC 
before becoming a full EU member, but that is years away. 
Ringgenberg said he understands the GOT is under pressure 
from the EU.  However, he argued, this is the time to reach 
an Article 98 agreement, because EU pressure will only 
increase as Turkey's EU candidacy progresses.  Ringgenberg 
suggested Turkey might be able to follow an approach pursued 
by the Philippines, which in May reached an Article 98 
agreement with the US and at the same time announced its 
intention to join the ICC.  Batibay said the GOT will 
consider that approach. 
 
 
 
 
 
 
PEARSON