AGREEMENT ON THE PRIVILEGES AND IMMUNITIES
OF
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;
(c) “States
Parties” means States Parties to the
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;
(c) The
Court may receive, hold, negotiate,
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;
(c)
Inviolability of all papers and documents in
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;
(c)
Inviolability for all official papers and
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;
(c)
Inviolability of papers and documents in
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;
(c)
Immunity from legal process of every kind in
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;
(c)
Immunity from legal process of every kind in
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;
(c)
Inviolability of papers and documents in
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;
(c) In the
case of the Deputy Prosecutors and the
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.