More from Brazil in today’s WikiLeaks cables dump, with the South American nation’s strong support for the International Criminal Court (defying George W. Bush) documented in 2004-05 …

CABLECODE#: 04BRASILIA745
Date: 2004-03-29
BRAZILIAN MILITARY LOOKING ELSEWHERE FOR TRAINING

In 2004, the Brazilian and US militaries were chaffing under George W. Bush’s tough stance on the International Criminal Court (ICC) and Brazil’s refusal to comply with US wishes.

The lack of an “Article 98” agreement with Brazil, which would exempt US citizens from International Criminal Court proceedings, meant US sanctions on subsidies for the high cost of training officers in the United States. This was forcing Brazil to seek training and military ties with France and the United Kingdom, and to consider training programs in China, India and South Africa.

This was considered “unfortunate” by both sides, with the Brazilian military brass “emphatic that they continue to want strong ties with the US”.

22-12-2010 11-39-57 AM

CABLECODE#: 04BRASILIA1291
Date: 2004-05-27
BRAZIL: BILATERAL POL-MIL TALKS

Despite the wishes of their respective militaries, the two governments seemed unable to find a solution to the impasse. During bilateral military talks with the US in May 2005, Brazil was taking a particular strong stand on the International Criminal Court.

The ICC, Brazilian officials noted it “enjoys considerable public support in Brazil” and “Brazil did not want to give the impression international law automatically did not apply to some countries”. However, the South Americans were keen to get the US to offer concessions to keep bilateral relations running smoothly.

“Things would be different if we were talking only about USG officials and soldiers,” it was pointed out, “but a blanket condition for all US citizens could be detrimental”. Brazil’s extradition stance, they argued, was similar to the EU’s, and that “Brazil would extradite to the United States before the ICC”.

CABLECODE#: 04BRASILIA1748
Date: 2004-07-14
BRAZIL: PURSUIT OF ARTICLE 98 AGREEMENT

Two months later, Brazil again tried to play peace-maker with the US over the ICC. Emphasising they “remained eager to work out a solution”, Brazil offered the guarantee that they would not “subject U.S. citizens on Brazilian soil to ICC jurisdiction” if the US was willing to use “a modified text referring exclusively to U.S. military and official personnel rather than American citizens”.

The US, for its part, noted the options “may merit further consideration”.

22-12-2010 11-39-57 AM

CABLECODE#: 05BRASILIA1152
Date: 2005-04-29
BRAZIL: A/S RADEMAKER’S MEETING WITH FOREIGN MINISTRY OFFICIALS ON NPT REVCON, ARTICLE 98

Six months later, in April 2005, the earlier promising seeds of a compromise seemed dead. Reiterating their concern that Americans “could be frequent targets for specious and politically-driven indictments”, the US said it would need a “comfort level” with the ICC before it would soften its opposition.

The Brazilian Ambassador “politely but unequivocally stated that Brazil would not sign an Article 98 agreement with the US” and viewed the idea as a “non-starter”.