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Scope Of The Convention On The Privileges And Immunities Of The International Criminal Court

Original Language Title: Geltungsbereich des Übereinkommens über die Privilegien und Immunitäten des Internationalen Strafgerichtshofs

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116. Presentation of the Federal Chancellor concerning the scope of the Convention on the Privileges and Immunities of the International Criminal Court

According to the Communications of the Secretary-General of the United Nations, the following States have ratified their instruments of ratification or ratification. Accession instruments to the Convention on the Privileges and Immunities of the International Criminal Court (BGBl. III n ° 13/2005, last proclamation of the BGBl area. No 82/2006):

States:

Date of deposit of the instruments of ratification. Certificate of Accession:

Albania

2 August 2006

Argentina

1 February 2007

Bulgaria

28 July 2006

Greece

6 July 2007

Honduras

1 April 2008

Ireland

20 November 2006

Italy

20 November 2006

Democratic Republic of Congo

3 July 2007

Republic of Korea

18. October 2006

Mexico

26 September 2007

Netherlands (including Netherlands Antilles and Aruba)

24 July 2008

Portugal:

3 October 2007

Ukraine

29. January 2007

Uruguay

3 November 2006

Central African Republic

6 October 2006

Montenegro also has 23. On 3 June 2006, it declared that it would continue to comply with the Convention with effect from 3 June 2006.

On the occasion of the deposit of their instruments of ratification or The following Member States have declared the following reservations, or Statements made:

Argentina:

With regard to Art. 23 of the Convention, the Republic of Argentina declares that:

a)

without prejudice to Article 15 (6) and Article 16 (1) (lit). (d) a person referred to in Articles 15, 16, 18, 19 and 21 in the territory of the Contracting State of which he is a citizen or in which he/she has a permanent residence in which he/she is responsible for the independent exercise of his or her duties or to perform his/her duties; The Court of Justice has only the following privileges and immunities as required by the Court of Justice:

i)

Protection against personal arrest or posture;

ii)

Exemption from any jurisdiction in relation to the oral and written statements made by that person in the performance of its duties for the Court of Justice or in the course of its appearance or testimony, as well as acts; this exemption shall continue to exist before the Court of Justice, even after the termination of its duties, for the Court of Justice or its appearance or testimony;

iii)

the inviolability of documents and documents of any kind, as well as their duties to the Court of Justice or their appearance or their testimony before the Court of Justice;

iv)

The right to communicate with the Court of Justice and to persons referred to in Article 19 with their adviser in connection with their testimony shall be entitled to receive or to send documents of any kind.

b)

A person referred to in Articles 20 and 22 shall enjoy, in the territory of the Contracting State of which he is a citizen or in which he/she is permanent, in the extent necessary for its appearance before the Court of Justice, the following: Privileges and immunities:

i)

Protection against personal arrest or posture;

ii)

Exemption from jurisdiction in relation to the oral and written statements made by that person in the course of their appearance before the Court of Justice, as well as the acts which have been set, even after they have appeared before the Court of Justice. The Court of Justice continues.

Greece:

In accordance with Article 23 of the Convention on the Privileges and Immunities of the International Criminal Court, the Hellenic Republic declares that persons referred to in this article, which are either nationals of the Hellenic Republic, are or in the territory of the Hellenic Republic, enjoy the privileges and immunities referred to in this Article.

Italy:

In accordance with Article 15 (6) of the Convention on the Privileges and Immunities of the International Criminal Court, Italy declares that the tax exemption for salaries, remuneration and allowances shall be applicable only to sums granted by the International Criminal Court. Court of Justice to be paid to persons entitled under Article 15 (6); and

In accordance with Article 23 of the Convention on the Privileges and Immunities of the International Criminal Court, Italy declares that the persons referred to in Articles 15, 16, 18, 19 and 21 of the Convention, who are nationals of Italy or their nationals, are permanent residence in Italy, enjoy in Italy only the privileges and immunities necessary for the independent exercise of their duties or their appearance or their testimony before the Court, as set out in Art. 23.

Republic of Korea:

The Republic of Korea declares, in accordance with Art. 23 of the Convention, that the persons referred to in Articles 15, 16, 18, 19 and 21, who are nationals of Korea or have their permanent residence in Korea, shall only have the privileges and immunities in that for which to enjoy, in an independent manner, the extent to which they perform their duties or appear before the Court of Justice, as they are in Article 23 lit. a represented, and that the persons referred to in Art. 20 and 22 who are nationals of Korea or have their permanent residence in Korea enjoy only the privileges and immunities on Korean territory to the extent to which they are Appear before the Court of Justice, as in Art. 23 lit. b shown.

Mexico:

The United Mexican States declare that the persons referred to in Articles 15, 16, 18, 19 and 21, as well as the persons referred to in Articles 20 and 22, who are nationals of Mexico or have their permanent residence in Mexico, who are referred to in Art. 23 Privileges and immunities provided for as long as they are located in Mexican territory.

In accordance with the Constitution of the United Mexican States, the International Court of Justice and its organs cannot acquire a land property on Mexican territory.

Portugal:

In accordance with Article 23 of the Convention on the Privileges and Immunities of the International Criminal Court, Portugal declares that the persons referred to in Article 23 who are nationals of Portugal or who have permanent residence in Portugal, enjoy only the privileges and immunities referred to in Art. 23 in Portuguese territory.

Ukraine:

According to Art. 23 of the Convention, Ukraine declares that in Ukrainian territory, the citizens of Ukraine as well as other persons who have their permanent residence in Ukraine enjoy only the privileges and immunities as they are in the Items are set.

Gusenbauer