AGREEMENT ON THE PRIVILEGES AND IMMUNITIES

AGREEMENT ON THE PRIVILEGES AND IMMUNITIES

THE INTERNATIONAL CRIMINAL COURT

The States Parties to the present Agreement,

Whereas the Rome Statute of the International

Criminal Court adopted on 17 July 1998 by the United

Nations Diplomatic Conference of Plenipotentiaries

established the International Criminal Court with the

power to exercise its jurisdiction over persons for the

most serious crimes of international concern;

Whereas article 4 of the Rome Statute provides that

the International Criminal Court shall have international

legal personality and such legal capacity as may be

necessary for the exercise of its functions and the

fulfilment of its purposes;

Whereas article 48 of the Rome Statute provides

that the International Criminal Court shall enjoy in the

territory of each State Party to the Rome Statute such

privileges and immunities as are necessary for the

fulfilment of its purposes;

Have agreed as follows:

Article 1

Use of terms

For the purposes of the present

Agreement:

(a) “The Statute” means the Rome Statute of the

International Criminal Court adopted on 17 July 1998 by

the United Nations Diplomatic Conference of

Plenipotentiaries on the Establishment of an International

Criminal Court;.(b) “The Court” means the International Criminal

Court established by the Statute;

present Agreement;

(d) “Representatives of States Parties” means all

delegates, deputy delegates, advisers, technical experts

and secretaries of delegations;

(e) “Assembly” means the Assembly of States

Parties to the Statute;

(f) “Judges” means the judges of the Court;

(g) “The Presidency” means the organ composed

of the President and the First and Second Vice-Presidents

of the Court;

(h) “Prosecutor” means the Prosecutor elected by

the Assembly in accordance with article 42, paragraph 4,

of the Statute;

(i) “Deputy Prosecutors” means the Deputy

Prosecutors elected by the Assembly in accordance with

article 42, paragraph 4, of the Statute;

(j) “Registrar” means the Registrar elected by the

Court in accordance with article 43, paragraph 4, of the

Statute;

(k) “Deputy Registrar” means the Deputy

Registrar elected by the Court in accordance with article

43, paragraph 4, of the Statute;

(l) “Counsel” means defence counsel and the

legal representatives of victims;

(m) “Secretary-General” means the Secretary-General

of the United Nations;

(n) “Representatives of intergovernmental

organizations” means the executive heads of

intergovernmental organizations, including any official

acting on his or her behalf;

(o) “Vienna Convention” means the Vienna

Convention on Diplomatic Relations of 18 April 1961;

(p) “Rules of Procedure and Evidence” means the

Rules of Procedure and Evidence adopted in accordance

with article 51 of the Statute.

Article 2

Legal status and juridical personality of the Court

The Court shall have international legal personality

and shall also have such legal capacity as may be

necessary for the exercise of its functions and the

fulfilment of its purposes. It shall, in particular, have the

capacity to contract, to acquire and to dispose of

immovable and movable property and to participate in

legal proceedings.

Article 3

General provisions on privileges and

immunities of the Court

The Court shall enjoy in the territory of each State

Party such privileges and immunities as are necessary for

the fulfilment of its purposes.

Article 4

Inviolability of the premises of the Court

The premises of the Court shall be inviolable.

Article 5

Flag, emblem and markings

The Court shall be entitled to display its flag,

emblem and markings at its premises and on vehicles and

other means of transportation used for official purposes.

Article 6

Immunity of the Court, its property, funds and assets

1. The Court, and its property, funds and assets,

wherever located and by whomsoever held, shall be

immune from every form of legal process, except insofar

as in any particular case the Court has expressly waived

its immunity. It is, however, understood that no waiver of

immunity shall extend to any measure of execution.

2. The property, funds and assets of the Court,

wherever located and by whomsoever held, shall be

immune from search, seizure, requisition, confiscation,

expropriation and any other form of interference, whether

by executive, administrative, judicial or legislative action.

3. To the extent necessary to carry out the functions of

the Court, the property, funds and assets of the Court,

wherever located and by whomsoever held, shall be exempt

from restrictions, regulations, controls or moratoria of any

nature.

Article 7

Inviolability of archives and documents

The archives of the Court, and all papers and

documents in whatever form, and materials being sent to

or from the Court, held by the Court or belonging to it,

wherever located and by whomsoever held, shall be

inviolable. The termination or absence of such

inviolability shall not affect protective measures that the

Court may order pursuant to the Statute and the Rules of

Procedure and Evidence with regard to documents and

materials made available to or used by the Court.

Article 8

Exemption from taxes, customs duties and

import or export restrictions

1. The Court, its assets, income and other property and

its operations and transactions shall be exempt from all

direct taxes, which include, inter alia, income tax, capital

tax and corporation tax, as well as direct taxes levied by

local and provincial authorities. It is understood, however,

that the Court shall not claim exemption from taxes which

are, in fact, no more than charges for public utility services

provided at a fixed rate according to the amount of services

rendered and which can be specifically identified, described

and itemized.

2. The Court shall be exempt from all customs duties,

import turnover taxes and prohibitions and restrictions on

imports and exports in respect of articles imported or

exported by the Court for its official use and in respect of

its publications.

3. Goods imported or purchased under such an

exemption shall not be sold or otherwise disposed of in

the territory of a State Party, except under conditions

agreed with the competent authorities of that State Party.

Article 9

Reimbursement of duties and/or taxes

1. The Court shall not, as a general rule, claim

exemption from duties and/or taxes which are included in

the price of movable and immovable property and taxes

paid for services rendered. Nevertheless, when the Court

for its official use makes major purchases of property and

goods or services on which identifiable duties and/or

taxes are charged or are chargeable, States Parties shall

make appropriate administrative arrangements for the

exemption of such charges or reimbursement of the

amount of duty and/or tax paid.

2. Goods purchased under such an exemption or

reimbursement shall not be sold or otherwise disposed of,

except in accordance with the conditions laid down by the

State Party which granted the exemption or

reimbursement. No exemption or reimbursement shall be

accorded in respect of charges for public utility services

provided to the Court.

Article 10

Funds and freedom from currency restrictions

1. Without being restricted by financial controls,

regulations or financial moratoriums of any kind, while

carrying out its activities:

(a) The Court may hold funds, currency of any

kind or gold and operate accounts in any currency;

(b) The Court shall be free to transfer its funds,

gold or its currency from one country to another or within

any country and to convert any currency held by it into

any other currency;

transfer, convert or otherwise deal with bonds and other

financial securities;

(d) The Court shall enjoy treatment not less

favourable than that accorded by the State Party

concerned to any intergovernmental organization or

diplomatic mission in respect of rates of exchange for its

financial transactions.

2. In exercising its rights under paragraph 1, the Court

shall pay due regard to any representations made by any

State Party insofar as it is considered that effect can be

given to such representations without detriment to the

interests of the Court.

Article 11

Facilities in respect of communications

1. The Court shall enjoy in the territory of each State

Party for the purposes of its official communications and

correspondence treatment not less favourable than that

accorded by the State Party concerned to any

intergovernmental organization or diplomatic mission in

the matter of priorities, rates and taxes applicable to mail

and the various forms of communication and

correspondence.

2. No censorship shall be applied to the official

communications or correspondence of the Court.

3. The Court may use all appropriate means of

communication, including electronic means of

communication, and shall have the right to use codes or

cipher for its official communications and

correspondence. The official communications and

correspondence of the Court shall be inviolable.

4. The Court shall have the right to dispatch and receive

correspondence and other materials or communications by

courier or in sealed bags, which shall have the same

privileges, immunities and facilities as diplomatic couriers

and bags.

5. The Court shall have the right to operate radio and

other telecommunication equipment on any frequencies

allocated to it by the States Parties in accordance with

their national procedures. The States Parties shall

endeavour to allocate to the Court, to the extent possible,

frequencies for which it has applied.

Article 12

Exercise of the functions of the Court

outside its headquarters

In the event that the Court, pursuant to article 3,

paragraph 3, of the Statute, considers it desirable to sit

elsewhere than at its headquarters at The Hague in the

Netherlands, the Court may conclude with the State

concerned an arrangement concerning the provision of the

appropriate facilities for the exercise of its functions.

Article 13

Representatives of States participating in the Assembly

and its subsidiary organs and representatives of

intergovernmental organizations

1. Representatives of States Parties to the Statute

attending meetings of the Assembly and its subsidiary

organs, representatives of other States that may be

attending meetings of the Assembly and its subsidiary

organs as observers in accordance with article 112,

paragraph 1, of the Statute, and representatives of States

and of intergovernmental organizations invited to

meetings of the Assembly and its subsidiary organs shall,

while exercising their official functions and during their

journey to and from the place of meeting, enjoy the

following privileges and immunities:

(a) Immunity from personal arrest or detention;

(b) Immunity from legal process of every kind in

respect of words spoken or written, and all acts performed

by them in their official capacity; such immunity shall

continue to be accorded notwithstanding that the persons

concerned may have ceased to exercise their functions as

representatives;

whatever form;

(d) The right to use codes or cipher, to receive

papers and documents or correspondence by courier or in

sealed bags and to receive and send electronic

communications;

(e) Exemption from immigration restrictions,

alien registration requirements and national service

obligations in the State Party they are visiting or through

which they are passing in the exercise of their functions;

(f) The same privileges in respect of currency and

exchange facilities as are accorded to representatives of

foreign Governments on temporary official missions;

(g) The same immunities and facilities in respect

of their personal baggage as are accorded to diplomatic

envoys under the Vienna Convention;

(h) The same protection and repatriation facilities

as are accorded to diplomatic agents in time of

international crisis under the Vienna Convention;

(i) Such other privileges, immunities and

facilities not inconsistent with the foregoing as diplomatic

agents enjoy, except that they shall have no right to claim

exemption from customs duties on goods imported

(otherwise as part of their personal baggage) or from

excise duties or sales taxes.

2. Where the incidence of any form of taxation

depends upon residence, periods during which the

representatives described in paragraph 1 attending the

meetings of the Assembly and its subsidiary organs are

present in a State Party for the discharge of their duties

shall not be considered as periods of residence.

3. The provisions of paragraphs 1 and 2 of this article

are not applicable as between a representative and the

authorities of the State Party of which he or she is a

national or of the State Party or intergovernmental

organization of which he or she is or has been a

representative.

Article 14

Representatives of States participating in

the proceedings of the Court

Representatives of States participating in the

proceedings of the Court shall, while exercising their

official functions, and during their journey to and from

the place of the proceedings, enjoy the privileges and

immunities referred to in article 13.

Article 15

Judges, Prosecutor, Deputy Prosecutors and Registrar

1. The judges, the Prosecutor, the Deputy Prosecutors

and the Registrar shall, when engaged on or with respect

to the business of the Court, enjoy the same privileges and

immunities as are accorded to heads of diplomatic

missions and shall, after the expiry of their terms of

office, continue to be accorded immunity from legal

process of every kind in respect of words which had been

spoken or written and acts which had been performed by

them in their official capacity.

2. The judges, the Prosecutor, the Deputy Prosecutors

and the Registrar and members of their families forming

part of their households shall be accorded every facility

for leaving the country where they may happen to be and

for entering and leaving the country where the Court is

sitting. On journeys in connection with the exercise of

their functions, the judges, the Prosecutor, the Deputy

through which they may have to pass enjoy all the

privileges, immunities and facilities granted by States

Parties to diplomatic agents in similar circumstances

under the Vienna Convention.

3. If a judge, the Prosecutor, a Deputy Prosecutor or

the Registrar, for the purpose of holding himself or herself

at the disposal of the Court, resides in any State Party

other than that of which he or she is a national or

permanent resident, he or she shall, together with family

members forming part of his or her household, be

accorded diplomatic privileges, immunities and facilities

during the period of residence.

4. The judges, the Prosecutor, the Deputy Prosecutors

and the Registrar and members of their families forming

part of their households shall be accorded the same

repatriation facilities in time of international crisis as are

accorded to diplomatic agents under the Vienna

Convention.

5. Paragraphs 1 to 4 of this article shall apply to

judges of the Court even after their term of office has

expired if they continue to exercise their functions in

accordance with article 36, paragraph 10, of the Statute.

6. The salaries, emoluments and allowances paid to

the judges, the Prosecutor, the Deputy Prosecutors and the

Registrar by the Court shall be exempt from taxation.

Where the incidence of any form of taxation depends

upon residence, periods during which the judges, the

Prosecutor, the Deputy Prosecutors and the Registrar are

present in a State Party for the discharge of their functions

shall not be considered as periods of residence for

purposes of taxation. States Parties may take these

salaries, emoluments and allowances into account for the

purpose of assessing the amount of taxes to be applied to

income from other sources.

7. States Parties shall not be obliged to exempt from

income tax pensions or annuities paid to former judges,

Prosecutors and Registrars and their dependants.

Article 16

Deputy Registrar, staff of the Office of the Prosecutor

and

staff of the Registry

1. The Deputy Registrar, the staff of the Office of the

Prosecutor and the staff of the Registry shall enjoy such

privileges, immunities and facilities as are necessary for

the independent performance of their functions. They

shall be accorded:

(a) Immunity from personal arrest or detention

and from seizure of their personal baggage;

(b) Immunity from legal process of every kind in

respect of words spoken or written and all acts performed

by them in their official capacity, which immunity shall

continue to be accorded even after termination of their

employment with the Court;

documents in whatever form and materials;

(d) Exemption from taxation on the salaries,

emoluments and allowances paid to them by the Court.

States Parties may take these salaries, emoluments and

allowances into account for the purpose of assessing the

amount of taxes to be applied to income from other

sources;

(e) Exemption from national service obligations;

(f) Together with members of their families

forming part of their household, exemption from

immigration restrictions or alien registration;

(g) Exemption from inspection of personal

baggage, unless there are serious grounds for believing

that the baggage contains articles the import or export of

which is prohibited by the law or controlled by the

quarantine regulations of the State Party concerned; an

inspection in such a case shall be conducted in the

presence of the official concerned;

(h) The same privileges in respect of currency and

exchange facilities as are accorded to the officials of

comparable rank of diplomatic missions established in the

State Party concerned;

(i) Together with members of their families

forming part of their household, the same repatriation

facilities in time of international crisis as are accorded to

diplomatic agents under the Vienna Convention;

(j) The right to import free of duties and taxes,

the time of first taking up post in the State Party in

question and to re-export their furniture and effects free of

duties and taxes to their country of permanent residence.

2. States Parties shall not be obliged to exempt from

income tax pensions or annuities paid to former Deputy

Registrars, members of the staff of the Office of the

Prosecutor, members of the staff of the Registry and their

dependants.

Article 17

Personnel recruited locally and not otherwise

covered by the present Agreement

Personnel recruited by the Court locally and not

otherwise covered by the present Agreement shall be

accorded immunity from legal process in respect of words

spoken or written and all acts performed by them in their

official capacity for the Court. Such immunity shall

continue to be accorded after termination of employment

with the Court for activities carried out on behalf of the

Court. During their employment, they shall also be

accorded such other facilities as may be necessary for the

independent exercise of their functions for the Court.

Article 18

Counsel and persons assisting defence counsel

1. Counsel shall enjoy the following privileges,

immunities and facilities to the extent necessary for the

independent performance of his or her functions,

including the time spent on journeys, in connection with

the performance of his or her functions and subject to

production of the certificate referred to in paragraph 2 of

this article:

(a) Immunity from personal arrest or detention

and from seizure of his or her personal baggage;

(b) Immunity from legal process of every kind in

respect of words spoken or written and all acts performed

by him or her in official capacity, which immunity shall

continue to be accorded even after he or she has ceased to

exercise his or her functions;

whatever form and materials relating to the exercise of his

or her functions;

(d) For the purposes of communications in

pursuance of his or her functions as counsel, the right to

receive and send papers and documents in whatever form;

(e) Exemption from immigration restrictions or

alien registration;

(f) Exemption from inspection of personal

baggage, unless there are serious grounds for believing

that the baggage contains articles the import or export of

which is prohibited by law or controlled by the quarantine

regulations of the State Party concerned; an inspection in

such a case shall be conducted in the presence of the

counsel concerned;

(g) The same privileges in respect of currency and

exchange facilities as are accorded to representatives of

foreign Governments on temporary official missions;

(h) The same repatriation facilities in time of

international crisis as are accorded to diplomatic agents

under the Vienna Convention.

2. Upon appointment of counsel in accordance with

the Statute, the Rules of Procedure and Evidence and the

Regulations of the Court, counsel shall be provided with a

certificate under the signature of the Registrar for the

period required for the exercise of his or her functions.

Such certificate shall be withdrawn if the power or

mandate is terminated before the expiry of the certificate.

3. Where the incidence of any form of taxation

depends upon residence, periods during which counsel is

present in a State Party for the discharge of his or her

functions shall not be considered as periods of residence.

4. The provisions of this article shall apply mutatis

mutandis to persons assisting defence counsel in

accordance with rule 22 of the Rules of Procedure and

Evidence.

Article 19

Witnesses

1. Witnesses shall enjoy the following privileges,

immunities and facilities to the extent necessary for their

appearance before the Court for purposes of giving

evidence, including the time spent on journeys in

connection with their appearance before the Court, subject

to the production of the document referred to in paragraph

2 of this article:

(a) Immunity from personal arrest or detention;

(b) Without prejudice to subparagraph (d) below,

immunity from seizure of their personal baggage unless

there are serious grounds for believing that the baggage

contains articles the import or export of which is

prohibited by law or controlled by the quarantine

regulations of the State Party concerned;

respect of words spoken or written and all acts performed

by them in the course of their testimony, which immunity

shall continue to be accorded even after their appearance

and testimony before the Court;

(d) Inviolability of papers and documents in

whatever form and materials relating to their testimony;

(e) For purposes of their communications with the

Court and counsel in connection with their testimony, the

right to receive and send papers and documents in

whatever form;

(f) Exemption from immigration restrictions or

alien registration when they travel for purposes of their

testimony;

(g) The same repatriation facilities in time of

international crisis as are accorded to diplomatic agents

under the Vienna Convention.

2. Witnesses who enjoy the privileges, immunities

and facilities referred to in paragraph 1 of this article shall

be provided by the Court with a document certifying that

their appearance is required by the Court and specifying a

time period during which such appearance is necessary.

Article 20

Victims

1. Victims participating in the proceedings in

accordance with rules 89 to 91 of the Rules of Procedure

and Evidence shall enjoy the following privileges,

immunities and facilities to the extent necessary for their

appearance before the Court, including the time spent on

journeys in connection with their appearance before the

Court, subject to the production of the document referred

to in paragraph 2 of this article:

(a) Immunity from personal arrest or detention;

(b) Immunity from seizure of their personal

baggage unless there are serious grounds for believing

that the baggage contains articles the import or export of

which is prohibited by law or controlled by the quarantine

regulations of the State Party concerned;

respect of words spoken or written and all acts performed

by them in the course of their appearance before the

Court, which immunity shall continue to be accorded even

after their appearance before the Court;

(d) Exemption from immigration restrictions or

alien registration when they travel to and from the Court

for purposes of their appearance.

2. Victims participating in the proceedings in

accordance with rules 89 to 91 of the Rules of Procedure

and Evidence who enjoy the privileges, immunities and

facilities referred to in paragraph 1 of this article shall be

provided by the Court with a document certifying their

participation in the proceedings of the Court and

specifying a time period for that participation.

Article 21

Experts

1. Experts performing functions for the Court shall be

accorded the following privileges, immunities and

facilities to the extent necessary for the independent

exercise of their functions, including the time spent on

journeys in connection with their functions, subject to

production of the document referred to in paragraph 2 of

this article:

(a) Immunity from personal arrest or detention

and from seizure of their personal baggage;

(b) Immunity from legal process of every kind in

respect of words spoken or written and all acts performed

by them in the course of the performance of their

functions for the Court, which immunity shall continue to

be accorded even after the termination of their functions;

whatever form and materials relating to their functions for

the Court;

(d) For the purposes of their communications with

the Court, the right to receive and send papers and

documents in whatever form and materials relating to

their functions for the Court by courier or in sealed bags;

(e) Exemption from inspection of personal

baggage, unless there are serious grounds for believing

that the baggage contains articles the import or export of

which is prohibited by law or controlled by the quarantine

regulations of the State Party concerned; an inspection in

such a case shall be conducted in the presence of the

expert concerned;

(f) The same privileges in respect of currency and

exchange facilities as are accorded to representatives of

foreign Governments on temporary official missions;

(g) The same repatriation facilities in time of

international crisis as are accorded to diplomatic agents

under the Vienna Convention;

(h) Exemption from immigration restrictions or

alien registration in relation to their functions as specified

in the document referred to in paragraph 2 of this article.

2. Experts who enjoy the privileges, immunities and

facilities referred to in paragraph 1 of this article shall be

provided by the Court with a document certifying that

they are performing functions for the Court and

specifying a time period for which their functions will

last.

Article 22

Other persons required to be present

at the seat of the Court

1. Other persons required to be present at the seat of

the Court shall, to the extent necessary for their presence

at the seat of the Court, including the time spent on

journeys in connection with their presence, be accorded

the privileges, immunities and facilities provided for in

article 20, paragraph 1, subparagraphs (a) to (d), of the

present Agreement, subject to production of the document

referred to in paragraph 2 of this article.

2. Other persons required to be present at the seat of

the Court shall be provided by the Court with a document

certifying that their presence is required at the seat of the

Court and specifying a time period during which such

presence is necessary.

Article 23

Nationals and permanent residents

At the time of signature, ratification, acceptance,

approval or accession, any State may declare that:

(a) Without prejudice to paragraph 6 of article

15 and paragraph 1 (d) of article 16, a person referred to

in articles 15, 16, 18, 19 and 21 shall, in the territory of

the State Party of which he or she is a national or

permanent resident, enjoy only the following privileges

and immunities to the extent necessary for the

independent performance of his or her functions or his or

her appearance or testimony before the Court:

(i) Immunity from personal arrest and detention;

(ii) Immunity from legal process of every kind in

respect of words spoken or written and all

acts performed by that person in the

performance of his or her functions for the

Court or in the course of his or her

appearance or testimony, which immunity

shall continue to be accorded even after the

person has ceased to exercise his or her

functions for the Court or his or her

appearance or testimony before it;

(iii) Inviolability of papers and documents in

whatever form and materials relating to the

exercise of his or her functions for the Court

or his or her appearance or testimony before

it;

(iv) For the purposes of their communications

with the Court and for a person referred to in

article 19, with his or her counsel in

connection with his or her testimony, the

right to receive and send papers in whatever

form.

(b) A person referred to in articles 20 and 22

shall, in the territory of the State Party of which he or she

is a national or permanent resident, enjoy only the

following privileges and immunities to the extent

necessary for his or her appearance before the Court:

(i) Immunity from personal arrest and detention;

(ii) Immunity from legal process in respect of

words spoken or written and all acts

performed by that person in the course of his

or her appearance before the Court, which

immunity shall continue to be accorded even

after his or her appearance before the Court.

Article 24

Cooperation with the authorities of States Parties

1. The Court shall cooperate at all times with the

appropriate authorities of States Parties to facilitate the

enforcement of their laws and to prevent the occurrence

of any abuse in connection with the privileges,

immunities and facilities referred to in the present

Agreement.

2. Without prejudice to their privileges and

immunities, it is the duty of all persons enjoying

privileges and immunities under the present Agreement to

respect the laws and regulations of the State Party in

whose territory they may be on the business of the Court

or through whose territory they may pass on such

business. They also have a duty not to interfere in the

internal affairs of that State.

Article 25

Waiver of privileges and immunities

provided for in articles 13 and 14

Privileges and immunities provided for in articles

13 and 14 of the present Agreement are accorded to the

representatives of States and intergovernmental

organizations not for the personal benefit of the

individuals themselves, but in order to safeguard the

independent exercise of their functions in connection with

the work of the Assembly, its subsidiary organs and the

Court. Consequently, States Parties not only have the

right but are under a duty to waive the privileges and

immunities of their representatives in any case where, in

the opinion of those States, they would impede the course

of justice and can be waived without prejudice to the

purpose for which the privileges and immunities are

accorded. States not party to the present Agreement and

intergovernmental organizations are granted the privileges

and immunities provided for in articles 13 and 14 of the

present Agreement on the understanding that they

undertake the same duty regarding waiver.

Article 26

Waiver of privileges and immunities

provided for in articles 15 to 22

1. The privileges and immunities provided for in

articles 15 to 22 of the present Agreement are granted in

the interests of the good administration of justice and not

for the personal benefit of the individuals themselves.

Such privileges and immunities may be waived in

accordance with article 48, paragraph 5, of the Statute and

the provisions of this article and there is a duty to do so in

any particular case where they would impede the course

of justice and can be waived without prejudice to the

purpose for which they are accorded.

2. The privileges and immunities may be waived:

(a) In the case of a judge or the Prosecutor, by an

absolute majority of the judges;

(b) In the case of the Registrar, by the Presidency;

staff of the Office of the Prosecutor, by the Prosecutor;

(d) In the case of the Deputy Registrar and the

staff of the Registry, by the Registrar;

(e) In the case of personnel referred to in article

17, by the head of the organ of the Court employing such

personnel;

(f) In the case of counsel and persons assisting

defence counsel, by the Presidency;

(g) In the case of witnesses and victims, by the

Presidency;

(h) In the case of experts, by the head of the organ

of the Court appointing the expert;

(i) In the case of other persons required to be

present at the seat of the Court, by the Presidency.

Article 27

Social security

From the date on which the Court establishes a

social security scheme, the persons referred to in articles

15, 16 and 17 shall, with respect to services rendered for

the Court, be exempt from all compulsory contributions to

national social security schemes.

Article 28

Notification

The Registrar shall communicate periodically to all

States Parties the categories and names of the judges, the

Prosecutor, the Deputy Prosecutors, the Registrar, the

Deputy Registrar, the staff of the Office of the Prosecutor,

the staff of the Registry and counsel to whom the

provisions of the present Agreement apply. The Registrar

shall also communicate to all States Parties information

on any change in the status of these persons.

Article 29

Laissez-passer

The States Parties shall recognize and accept the

United Nations laissez-passer or the travel document

issued by the Court to the judges, the Prosecutor, the

Deputy Prosecutors, the Registrar, the Deputy Registrar,

the staff of the Office of the Prosecutor and the staff of

the Registry as valid travel documents.

Article 30

Visas

Applications for visas or entry/exit permits, where

required, from all persons who are holders of the United

Nations laissez-passer or of the travel document issued by

the Court, and also from persons referred to in articles 18

to 22 of the present Agreement who have a certificate

issued by the Court confirming that they are travelling on

the business of the Court, shall be dealt with by the States

Parties as speedily as possible and granted free of charge.

Article 31

Settlement of disputes with third parties

The Court shall, without prejudice to the powers

and responsibilities of the Assembly under the Statute,

make provisions for appropriate modes of settlement of:

(a) Disputes arising out of contracts and other

disputes of a private law character to which the Court is a

party;

(b) Disputes involving any person referred to in

the present Agreement who, by reason of his or her

official position or function in connection with the Court,

enjoys immunity, if such immunity has not been waived.

Article 32

Settlement of differences on the interpretation or

application of the present Agreement

1. All differences arising out of the interpretation or

application of the present Agreement between two or

more States Parties or between the Court and a State Party

shall be settled by consultation, negotiation or other

agreed mode of settlement.

2. If the difference is not settled in accordance with

paragraph 1 of this article within three months following a

written request by one of the parties to the difference, it

shall, at the request of either party, be referred to an

arbitral tribunal according to the procedure set forth in

paragraphs 3 to 6 of this article.

3. The arbitral tribunal shall be composed of three

members: one to be chosen by each party to the difference

and the third, who shall be the chairman of the tribunal, to

be chosen by the other two members. If either party has

failed to make its appointment of a member of the tribunal

within two months of the appointment of a member by the

other party, that other party may invite the President of

the International Court of Justice to make such

appointment. Should the first two members fail to agree

upon the appointment of the chairman of the tribunal

within two months following their appointment, either

party may invite the President of the International Court

of Justice to choose the chairman.

4. Unless the parties to the difference otherwise agree,

the arbitral tribunal shall determine its own procedure and

the expenses shall be borne by the parties as assessed by

the tribunal.

5. The arbitral tribunal, which shall decide by a

majority of votes, shall reach a decision on the difference

on the basis of the provisions of the present Agreement

and the applicable rules of international law. The decision

of the arbitral tribunal shall be final and binding on the

parties to the difference.

6. The decision of the arbitral tribunal shall be

communicated to the parties to the difference, to the

Registrar and to the Secretary-General.

Article 33

Applicability of the present Agreement

The present Agreement is without prejudice to

relevant rules of international law, including international

humanitarian law.

Article 34

Signature, ratification, acceptance, approval or

accession

1. The present Agreement shall be open for signature

by all States from 10 September 2002 until 30 June 2004

at United Nations Headquarters in New York.

2. The present Agreement is subject to ratification,

acceptance or approval by signatory States. Instruments of

ratification, acceptance or approval shall be deposited

with the Secretary-General.

3. The present Agreement shall remain open for

accession by all States. The instruments of accession shall

be deposited with the Secretary-General.

Article 35

Entry into force

1. The present Agreement shall enter into force thirty

days after the date of deposit with the Secretary-General

of the tenth instrument of ratification, acceptance,

approval or accession.

2. For each State ratifying, accepting, approving or

acceding to the present Agreement after the deposit of the

tenth instrument of ratification, acceptance, approval or

accession, the Agreement shall enter into force on the

thirtieth day following the deposit with the Secretary-General

of its instrument of ratification, acceptance,

approval or accession.

Article 36

Amendments

1. Any State Party may, by written communication

addressed to the Secretariat of the Assembly, propose

amendments to the present Agreement. The Secretariat

shall circulate such communication to all States Parties

and the Bureau of the Assembly with a request that States

Parties notify the Secretariat whether they favour a

Review Conference of States Parties to discuss the

proposal.

2. If, within three months from the date of circulation

by the Secretariat of the Assembly, a majority of States

Parties notify the Secretariat that they favour a Review

Conference, the Secretariat shall inform the Bureau of the

Assembly with a view to convening such a Conference in

connection with the next regular or special session of the

Assembly.

3. The adoption of an amendment on which consensus

cannot be reached shall require a two-thirds majority of

States Parties present and voting, provided that a majority

of States Parties is present.

4. The Bureau of the Assembly shall immediately

notify the Secretary-General of any amendment that has

been adopted by the States Parties at a Review

Conference. The Secretary-General shall circulate to all

States Parties and signatory States any amendment

adopted at a Review Conference.

5. An amendment shall enter into force for States

Parties which have ratified or accepted the amendment

sixty days after two thirds of the States which were

Parties at the date of adoption of the amendment have

deposited instruments of ratification or acceptance with

the Secretary-General.

6. For each State Party ratifying or accepting an

amendment after the deposit of the required number of

instruments of ratification or acceptance, the amendment

shall enter into force on the sixtieth day following the

deposit of its instrument of ratification or acceptance.

7. A State which becomes a Party to the present

Agreement after the entry into force of an amendment in

accordance with paragraph 5 shall, failing an expression

of different intention by that State:

(a) Be considered a Party to the present

Agreement as so amended; and

(b) Be considered a Party to the unamended

Agreement in relation to any State Party not bound by the

amendment.

Article 37

Denunciation

1. A State Party may, by written notification

addressed to the Secretary-General, denounce the present

Agreement. The denunciation shall take effect one year

after the date of receipt of the notification, unless the

notification specifies a later date.

2. The denunciation shall not in any way affect the

duty of any State Party to fulfil any obligation embodied

in the present Agreement to which it would be subject

under international law independently of the present

Agreement.

Article 38

Depositary

The Secretary-General shall be the depositary of

the present Agreement.

Article 39

Authentic texts

The original of the present Agreement, of which

the Arabic, Chinese, English, French, Russian and

Spanish texts are equally authentic, shall be deposited

with the Secretary-General.

IN WITNESS THEREOF, the undersigned, being

duly authorized thereto, have signed the present

Agreement.