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STATEMENT ISSUED BY THE CONFERENCE OF HEADS OF GOVERNMENT OF THE CARIBBEAN COMMUNITY ON BILATERAL AGREEMENTS UNDER ARTICLE 98 OF THE ROME STATUTE ESTABLISHING THE INTERNATIONAL CRIMINAL COURT

At the Twenty-Fourth Meeting of the Conference of Heads of Government of the Caribbean Community, Heads considered the request made to each Member State of the Community by the Government of the United States of America to enter into bilateral immunity or ‘non-surrender” agreements that exempt US nationals and other persons who have worked for the US Government from the jurisdiction of the International Criminal Court (ICC).

Heads reaffirmed their strong support for the principles and purposes of the ICC and their confidence that it would carry out its important mandate with the highest integrity and professionalism. They recalled the vanguard role played by CARICOM, particularly Trinidad and Tobago, in the establishment of the Court and noted with satisfaction that those CARICOM Member States that had not yet ratified or acceded to the Rome Statute establishing the Court would do so expeditiously.

Heads also recognised that some Member States may wish to negotiate bilateral ‘non-surrender’ agreements with the United States if they are advised by their legal authorities that any agreement into which they enter is consistent with their obligations under the Rome Statute.

They were deeply disturbed at the punitive action taken by the US Government, with effect from July 1st, 2003, against the six CARICOM member states which are parties to the International Criminal Court. They stressed that this development was at complete variance with the spirit of the special relationship which has traditionally existed between the United States and the Caribbean, a relationship which has always been characterized by mutual respect and cooperation, and strict adherence to the rule of law, to international obligations, and constructive dialogue which Heads are committed to continuing.

They also stressed that the effective protection of the “Third Border” of the United States could not be achieved unilaterally, and that continued military and security cooperation between the Caribbean and the United States was in the national security interest of all countries which comprise our common Caribbean neighbourhood.

Heads resolved to explore the possibility of establishing mutual legal arrangements on military matters among their member states, and in addition, to seek partnerships in the international community to protect and enhance the security of the Caribbean Community.

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