March 31, 2003
Dear Mr. Secretary:
I have the honor to acknowledge receipt of your Letter of today’s date, which reads as follows:
“I have the honour to refer to the Extradition Treaty between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland (the Treaty) signed today. I have the honour to propose that the Treaty be applied in accordance with the understanding set out in this Letter.
The United Kingdom confirms that the provision in Article 18(2), which precludes the onward extradition or surrender of a person extradited under the treaty, applies to preclude in accordance with that provision the onward surrender to the International Criminal Court ("ICC") of a person extradited from the United States. Accordingly, the United Kingdom would contest any request from the ICC for such surrender, as being incompatible with Article 98(2) of the Statute of the ICC.
If the above proposal is acceptable to the Government of the United States of America, I have the honour to propose that this Letter and your reply to that effect will place on record the understanding of our two Governments on the matter, which will come into operation on the date of entry into force of the Treaty.”
I have the further honor to inform you that the foregoing proposal is acceptable to the Government of the United States of America and that your Letter of today’s date and this Letter will place on record the understanding of our two Governments in this matter, which will come into operation on the date of entry into force of the Treaty.
Sincerely,
A personal signature appears here
John Ashcroft
Attorney General
United States Department
of Justice
