On signing an Agreement between the Republic of Kazakhstan and the United States of America on placing individuals at the Disposal of the International Criminal Court

Decree of the President of the Republic of Kazakhstan dated September 13, 2003 No. 1188

In order to regulate relations between the Republic of Kazakhstan and the United States of America when resolving issues of placing individuals at the disposal of the International Criminal Court, I hereby decree:

   1. To approve the attached draft Agreement between the Republic of Kazakhstan and the United States of America on the provision of persons to the International Criminal Court.

   2. To authorize Kassym-Jomart Kemelevich Tokayev, Minister of Foreign Affairs of the Republic of Kazakhstan, to conclude, on behalf of the Republic of Kazakhstan, an agreement between the Republic of Kazakhstan and the United States of America on placing persons at the disposal of the International Criminal Court, authorizing amendments and additions of a general nature.

   3. This Decree comes into force from the date of signing.

   President of the Republic of Kazakhstan

   Appendix to the Decree of the President of the Republic of Kazakhstan dated September 13, 2003N 1188        

Project  

Agreement between the Republic of Kazakhstan and the United States of America on the Provision of Persons to the International Criminal Court

     The Republic of Kazakhstan and the United States of America, hereinafter referred to as the "Parties", reaffirming the importance of bringing to justice those who commit genocide, crimes against humanity and war crimes, bearing in mind that the United States of America has expressed its intention to investigate and prosecute, where appropriate, acts subject to the jurisdiction of the International Criminal Court that, allegedly, they were committed by officials, employees, military personnel or other citizens who agreed on the following:    

1. For the purposes of this Agreement, the definition of a "person" of either Party means all citizens and current or former military personnel of that Party.    

2. Persons of one Party located on the territory of the other Party shall not, without the written consent of the first Party: a) be placed at the disposal or transferred in any way to the International Criminal Court for any purpose; b) be placed at the disposal or transferred in any way to any other organization or third country, or be deported to any third country for the purpose of making available or transferring to the International Criminal Court.    

3. When the United States of America extradites, places at the disposal or otherwise transfers a person of the Republic of Kazakhstan to any third country, the United States of America will not consent to place at the disposal or transfer of this person to the International Criminal Court by a third country without the written consent of the Republic of Kazakhstan.    

4. When the Republic of Kazakhstan issues, places at the disposal or otherwise transfers a person of the United States of America to any third country, the Republic of Kazakhstan will not agree to place at the disposal or transfer of this person to the International Criminal Court by a third country without the written consent of the United States of America.    

5. By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized in separate protocols that are integral parts of this Agreement.    

6. Any disputes and disagreements in the application or interpretation of the provisions of this Agreement will be resolved through consultations between the Parties, and in their settlement the Parties should not refer to any third Party or the international court of Justice.    

7. This Agreement shall be concluded for an indefinite period and shall enter into force from the date of receipt of the last written notification on the completion by the Parties of the internal procedures necessary for its entry into force.    

8. This Agreement may be terminated by one of the Parties by sending a corresponding written notification. In this case, this Agreement will terminate at least one year after the receipt of written notification by the other Party.    

9. Committed in the city ___ " _______ " 2003 in two copies, each in Kazakh, English and Russian, all texts being equally authentic.

For the Republic of Kazakhstan  

For the United States of America

President    

Republic of Kazakhstan     

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