The Government of India and the Government of the United States of America, hereinafter "the parties, "Reaffirming the importance of bringing to justice those who commit genocide, crimes against humanity and war crimes, Considering that the Parties have each expressed their intention, where appropriate, to investigate and prosecute war crimes, crimes against humanity, and genocide alleged to have been committed by their respective officials, employees, military personnel, and nationals, Hereby agree as follows: 1. For purposes of this agreement, "persons,' are current or former Government officials, employees (including contractors) , or military personnel or nationals of one Persons of one Party present 1n the territory of the other shall not, absent the express consent of the first Party be surrendered or transferred by any means to any international tribunal for any purpose/ unless otherwise obligated to do so by an international agreement to which both India and the United States are parties, or (b) be surrendered or transferred by any means to any other entity or third country or expelled to a third country, for the purpose of surrender to or transfer to any international tribunal, unless otherwise obligated to do so by an international agreement to which both India and the United States are parties. 3. When the Government of India extradites, surrenders, or otherwise transfers a person of the United States of America to a third country, the Government of India will not agree to the surrender or transfer of that person by the third country to any international tribunal, unless otherwise obligated to do so by an international agreement to which both India and the United States are parties,