[Congressional Record Volume 146, Number 131 (Wednesday, October 18, 2000)]
[Senate]
[Page S10666]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                  EXTRADITION TREATY WITH SOUTH AFRICA

  The resolution of ratification was read as follows:

       Resolved, (two thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Extradition Treaty between the Government 
     of the United States of America and the Government of the 
     Republic of South Africa, signed at Washington on September 
     16, 1999 (Treaty Doc. 106-24), subject to the understanding 
     of subsection (a), the declaration of subsection (b) and the 
     proviso of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition of extradition to the international criminal 
     court.--The United States understands that the protections 
     contained in Article 18 concerning the Rule of Specialty 
     would preclude the resurrender of any person extradited to 
     the Republic of South Africa from the United States to the 
     International Criminal Court contemplated in the Statute 
     adopted in Rome, Italy, on July 17, 1998, unless the United 
     States consents to such resurrender; and the United States 
     shall not consent to the transfer of any person extradited to 
     the Republic of South Africa by the United States to said 
     International Criminal Court unless the Statute establishing 
     that Court has entered into force for the United States by 
     and with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       Treaty interpretation.--The Senate affirms the 
     applicability to all treaties of the constitutionally based 
     principles of treaty interpretation set forth in Condition 
     (1) of the resolution of ratification of the INF Treaty, 
     approved by the Senate on May 27, 1988, and Condition (8) of 
     the resolution of ratification of the Document Agreed Among 
     the States Parties to the Treaty on Conventional Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
       (c) Proviso.--The resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       Supremacy of the constitution.--Nothing in this Treaty 
     requires or authorizes legislation or other action by the 
     United States of America that is prohibited by the 
     Constitution of the United States as interpreted by the 
     United States.

  The PRESIDING OFFICER. A division has been requested.
  Senators in favor of the ratification of this treaty, please raise 
their hand. (After a pause.) Those opposed will raise their hands.
  With two-thirds of the Senators present having voted in the 
affirmative, the resolution of ratification is agreed to.