US embassy cable - 03AMMAN4893

C O N F I D E N T I A L AMMAN 004893 
 
SIPDIS 
 
E.O. 12958: DECL: 08/05/2013 
TAGS: MARR, PREL, KTIA, JO, KICC 
SUBJECT: AMBASSADOR DISCUSSES ARTICLE 98 AGREEMENT WITH 
JORDANIAN UN REP 
 
 
Classified By: Ambassador Edward W. Gnehm for Reasons 1.5 (B,D) 
 
1. (C) SUMMARY:  Ambassador met August 3 with Prince Zeid Bin 
Raad, Head of the Jordanian Delegation to the UN in New York, 
to discuss the status of a proposed Article 98 non-surrender 
agreement between the U.S. and Jordan.  Zeid stated that the 
GOJ was "politically committed" to reaching such an 
agreement, but still had concerns regarding potential gaps in 
U.S. criminal jurisdiction over crimes covered by the Rome 
Statute and the issue of internally displaced people.  Zeid 
also expressed his willingness to meet with U.S. officials in 
New York to continue negotiations.  End summary. 
 
2. (C) In response to a request by the Ambassador, Jordanian 
FM Muasher arranged a meeting between himself, the Ambassador 
and Prince Zeid on August 3 at the Foreign Ministry in Amman 
to take stock of ongoing Article 98 negotiations.  Prince 
Zeid briefly reviewed his prior meeting in April 2003 with 
former Political-Military (PM) Senior Advisor Marisa Lino in 
New York, which he characterized as positive, and stated that 
he had been expecting a call from Washington to schedule 
another round of talks in May or June.  While stating his 
opinion that "the ball is in the U.S. court," Prince Zeid 
also said that Jordan was committed to signing an Article 98 
agreement and that he was ready to pursue further 
negotiations at any time. 
 
3. (C) The Ambassador explained that Lino had recently left 
the State Department, but that she had reported that the GOJ 
intended to forward a list of questions about U.S. domestic 
law prior to another round of talks.  When asked about the 
status of this list, Prince Zeid launched into an explanation 
of Jordan's concerns over gaps and/or inconsistencies between 
U.S. law and the Rome Statute.  Specifically, he stated that 
certain crimes covered by Article 7 of the Rome Statute were 
not expressly illegal under U.S. law.  Consequently, someone 
who had committed a crime as defined by the Rome Statute 
might not be subject to prosecution in the U.S.  Prince Zeid 
further reiterated Jordan's concerns over the interpretation 
of Article 8(2)(b) of the Rome Statute relating to crimes 
associated with the transfer of civilians by an occupying 
power.  He then asked if there was any movement to amend the 
U.S. penal code to eliminate jurisdictional gaps. 
 
4. (C) The Ambassador explained that the GOJ should not wait 
for or expect a change to U.S. criminal law prior to 
concluding an Article 98 agreement, since this was a top 
priority for the U.S. government.  He added, however, that 
there was a U.S. commitment to not let criminals escape 
justice, and that Washington was keenly aware of Jordan's 
concerns.  When asked if he still wanted to present a formal 
list of questions, Prince Zeid responded that these questions 
could be presented and discussed in the context of another 
meeting in New York.  The Ambassador concluded the discussion 
by promising that U.S. officials would approach the Jordanian 
UN Mission directly to schedule another round of 
negotiations. 
 
5. (C) COMMENT:  Prince Zeid professes to be prepared to work 
through his reservations on an Article 98 agreement and FM 
Muasher has made clear that this is Zeid's instruction from 
the King.  We can thus expect him to approach seriously a 
follow-up meeting in New York.  Given Prince Zeid's position 
as President of the Assembly of State Parties of the ICC, 
however, he is in no rush to conclude a non-surrender 
agreement and thus it is up to us to maintain the initiative 
and push forward negotiations.  End comment. 
GNEHM