Advanced Search

Law Approving The Agreement On The Privileges And Immunities Of The International Criminal Court, Done At New York On 9 September 2002 (1) (2)

Original Language Title: Loi portant assentiment à l'Accord sur les privilèges et immunités de la Cour pénale internationale, fait à New York le 9 septembre 2002 (1) (2)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

24 FEBRUARY 2005. - An Act to approve the Agreement on the Privileges and Immunities of the International Criminal Court, made in New York on September 9, 2002 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement on the Privileges and Immunities of the International Criminal Court, made in New York on 9 September 2002, will come out its full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 24 February 2005.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of Justice,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2004-2005.
Senate.
Documents. - Bill tabled on 20 July 2004, No. 3-821/1. - Report, number 3-821/2.
Annales parliamentarians. - Discussion and voting. Session of December 21, 2004.
House of Representatives
Documents. - Project transmitted by the Senate, No. 51-1522/1. - Text adopted in plenary and subject to Royal Assent, No. 51-1522/2.
Annales parliamentarians. - Discussion and voting. Session of 20 January 2005.

Agreement on the Privileges and Immunities of the International Criminal Court
The States Parties to this Agreement,
Considering that 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, which may exercise jurisdiction over persons for the most serious crimes affecting the entire international community,
Considering that article 4 of the Rome Statute provides that the International Criminal Court shall have the international legal personality and legal capacity necessary to perform its functions and carry out its mission,
Considering that article 48 of the Rome Statute provides that the International Criminal Court shall enjoy in the territory of the States Parties to the Rome Statute the privileges and immunities necessary for the fulfilment of its mission,
The following agreed:
Article 1er
Use of terms
For the purposes of this Agreement:
(a) 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, is defined by the Statute.
(b) The “Court” means the International Criminal Court established by the Statute;
(c) States Parties to this Agreement shall mean,
(d) All delegates, deputy delegates, advisers, technical experts and delegations ' secretaries shall be referred to as " representatives of States Parties " ;
(e) The Assembly means the Assembly of States Parties to the Statute;
(f) The judges of the Court are defined by "judges";
(g) The Presidency shall mean the organ composed of the President and the First and Second Vice-Presidents of the Court;
(h) "Procurator" means the Prosecutor elected by the Assembly in accordance with Article 42, paragraph 4, of the Statute;
(i) "Deputy prosecutors" means 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) "Council" means defence counsel and legal representatives of victims;
(m) "Secretary-General" means the Secretary-General of the United Nations;
(n) "Intergovernmental organization representatives" means persons who are chairing intergovernmental organizations or any official representatives acting on their behalf;
(o) "Vienna Convention" means the Vienna Convention on Diplomatic Relations of 18 April 1961;
(p) The Rules of Procedure and Evidence shall mean the Rules of Procedure and Evidence adopted in accordance with Article 51 of the Statute.
Article 2
Legal status and personality of the Court
The Court has the international legal personality and legal capacity it needs to perform its functions and carry out its mission. In particular, it has the capacity to contract, acquire and dispose of real estate and furniture and to judge.
Article 3
General provisions concerning privileges
and Immunities of the Court
The Court shall enjoy in the territory of the States Parties the privileges and immunities necessary for the fulfilment of its mission.
Article 4
Inviolability of Court premises
Court premises are inviolable.
Article 5
Flag, emblem and distinctive signs
The Court has the right to pick up its flag, emblem and distinctive signs in its premises and on vehicles and other means of transport assigned to its official use.
Article 6
Immunity of the Court and its assets, funds and assets
1. The Court and its property, funds and assets, wherever they are and regardless of the holder, shall enjoy immunity from absolute jurisdiction, except to the extent that the Court has expressly waived its immunity in a particular case. However, it is understood that the waiver cannot extend to enforcement measures.
2. The assets, funds, and assets of the Court, wherever they are and regardless of the holder, are free of search, seizure, requisition, confiscation, expropriation and any other form of interference resulting from an administrative, judicial, legislative or enforcement decision.
3. To the extent necessary for the performance of the functions of the Court, the assets, funds and assets of the Court, wherever and by any holder, are free from any restriction, regulation, control or moratorium of any kind.
Article 7
Inviolability of archives and documents
The records of the Court, all documents and documents, regardless of form, and any material sent to or by the Court, held by it or by it, wherever they are and whatever the holder, are inviolable. The termination or absence of such inviolability shall not affect the protective measures that the Court may order under the Statute or Rules of Procedure and Evidence with respect to documents and materials made available or used by the Court.
Article 8
Exemption of taxes, customs duties
import and export restrictions
1. The Court, its assets, revenues and other assets, as well as its transactions and transactions, are exempt from any direct tax, which includes, inter alia, income tax, capital tax and corporate tax, as well as direct taxes collected by provincial and local authorities. It remains understood, however, that the Court will not request the exemption of taxes that are, in fact, fixed rate royalties related to the use of public services, the amount of which depends, the amount of services rendered, and which can be identified, described and detailed with precision.
2. The Court is exempt from all customs duties and taxes on sales to import and exempted from all import or export prohibitions and restrictions on goods imported or exported by the Court for its official use, as well as its publications.
3. The articles so imported or purchased in a free manner may not be sold or otherwise disposed of in the territory of a State Party unless it is under conditions approved by the competent authorities of that State Party.
Article 9
Refund of duties and/or taxes
1. In principle, the Court does not claim the exemption of duties and taxes in the price of movable or immovable property or taxes collected for services provided. However, when it makes for its official use important purchases of goods and goods or services that include or may include identifiable duties or taxes, the States Parties shall make the appropriate administrative arrangements to exempt it from such duties and taxes or to reimburse it for the amount of duties and taxes paid.
2. Items so purchased on a deductible basis or given a refund may only be sold or otherwise disposed of under the conditions fixed by the State Party which has granted exemption or refund. There is no exemption or reimbursement of royalties paid by the Court for the use of public services.
Article 10
Fund and absence of any foreign exchange restrictions
1. Without any control, regulation or financial moratorium, the Court, in the course of its activities:
(a) Can hold funds, currencies or gold and manage accounts in any currency;
(b) Can freely transfer its funds, gold or currencies from one country to another or within the same country and convert any currencies held by it into any other currency;
(c) May receive, hold, negotiate, transfer or convert securities and other securities and carry out any other transactions in this regard;
(d) Benefit from at least as favourable treatment as that granted by the State Party concerned to any intergovernmental organization or diplomatic mission in respect of exchange rates applicable to its financial transactions.
2. In the exercise of the rights recognized in paragraph 1er, the Court shall take into account all representations of any State Party, insofar as it considers that it may take action without prejudice to its own interests.
Article 11
Communications facilities
1. The Court shall enjoy, on the territory of each State Party, for its communications and official correspondence, at least as favourable treatment as that granted by that State Party to any other intergovernmental organization or diplomatic mission with respect to the priorities, rates and taxes applicable to mail and to the various forms of communications and correspondence.
2. Official communications and correspondence may not be subject to censorship.
3. The Court may use all appropriate means of communication, including electronic means of communication, and has the right to use codes or numbers for its communications and official correspondence. The Court ' s official communications and correspondence are inviolable.
4. The Court has the right to ship and receive correspondence and other materials or communications by mail or sealed bags, which enjoy the same privileges, immunities and facilities as diplomatic couriers and suitcases.
5. The Court has the right to operate broadcasting facilities and other telecommunications facilities on the frequencies assigned to it by the States Parties in accordance with their national procedures. States Parties shall endeavour to allocate to the Court, to the extent possible, the frequencies it has requested.
Article 12
Cases in which the Court
performs functions outside the headquarters
If the Court deems it desirable, in accordance with Article 3, paragraph 3, of the Statute, to sit elsewhere than at its headquarters in The Hague in the Netherlands, it may enter into an agreement with the State concerned for the provision of facilities to enable it to perform its functions.
Article 13
Representatives of States participating in the work
of the Assembly and its subsidiary bodies
and intergovernmental organizations
1. Representatives of States Parties to the Statute who attend meetings of the Assembly and its subsidiary bodies, representatives of other States that may attend meetings of the Assembly and its subsidiary bodies as observers under Article 112, paragraph 1, of the Statute, and representatives of States and intergovernmental organizations invited to meetings of the Assembly and its subsidiary bodies shall, in the exercise of their official immunities and during the course of their travel,
(a) Immunity of arrest or detention;
(b) absolute immunity from jurisdiction for their words and writings, as well as for the acts performed by them in their official capacity; this immunity remains, notwithstanding the fact that the persons concerned may have ceased to exercise their functions as representatives;
(c) Inviolability of all papers and documents, regardless of form;
(d) Right to use codes or numbers, receive papers and documents or correspondence by mail or sealed suitcases and receive and send electronic communications;
(e) Exemption from any restrictions on immigration, any registration of aliens and any national service obligations in the State Party visited, or crossed by them in the performance of their duties;
(f) The same privileges with respect to monetary and foreign exchange regulations as those granted to representatives of foreign governments on a temporary official mission;
(g) The same immunities and facilities for their personal baggage as those granted to diplomatic agents under the Vienna Convention;
(h) The same protection and repatriation facilities as those granted to diplomatic agents in times of international crisis under the Vienna Convention;
(i) Such other privileges, immunities and facilities not incompatible with the foregoing enjoyed by diplomatic agents, except for the benefit of the exemption from customs duties on imported items (other than those belonging to their personal baggage), excise duties or taxes on purchase.
2. When the subjection to a tax is dependent on the residence, the periods during which the representatives referred to in subsection 1er who attend meetings of the Assembly and its subsidiary bodies are on the territory of a State Party for the performance of their functions are not considered to be periods of residence.
3. The provisions of paragraphs 1er and 2 of this article shall not apply in the case of a representative vis-à-vis the authorities of the State Party of which he is a national or of the State Party or intergovernmental organization of which he is or has been the representative.
Article 14
Representatives of participating States
to the work of the Court
Representatives of the States participating in the work of the Court shall, in the exercise of their official duties and during their travel to and from the place of work, enjoy the privileges and immunities listed in Article 13.
Article 15
Judges, the Prosecutor, Deputy Prosecutors and the Registrar
1. The judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall enjoy, in the performance of their duties at the service of the Court and as a result of them, the privileges and immunities granted to heads of diplomatic missions. After the expiry of their mandate, they continue to enjoy absolute immunity from jurisdiction for the words, writings and acts performed by them in the performance of their official duties.
2. The judges, the Prosecutor, the Deputy Prosecutors and the Registrar, as well as the members of their families who are part of their household, have full discretion to leave the country in which they are located, as well as to access and exit the country or seat of the Court. In the course of travel related to the exercise of their functions, the judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall, in all States Parties, enjoy their duty to cross all the privileges, immunities and facilities granted by these States Parties to diplomatic agents in such circumstances, in accordance with the Vienna Convention.
3. If a judge, the Prosecutor, a deputy procurator or the Registrar, in order to be at the disposal of the Court, resides in a State Party other than that of which he is a permanent resident, he or she enjoys during his stay, as well as members of his or her family who are part of his household, privileges, immunities and diplomatic facilities.
4. The judges, the Prosecutor, the Deputy Prosecutors and the Registrar, as well as the members of their families who are part of their households, are provided in times of international crisis with the same repatriation facilities as provided for in the Vienna Convention for Diplomatic Agents.
5. Paragraphs 1er 4 of this Article shall apply to the judges of the Court, even after the end of their term, if they continue to perform their duties in accordance with Article 36, paragraph 10, of the Statute.
6. Salaries, emoluments and allowances paid by the Court to judges, the Prosecutor, deputy prosecutors and the Registrar are exempt from tax. When the subjection to any tax is dependent on the residence, the periods during which the judges, the Prosecutor, the Deputy Prosecutors and the Registrar are located in the territory of a State Party for the performance of their duties are not considered to be periods of residence for taxation purposes. States Parties may take these salaries, emoluments and allowances into account to determine the amount of income tax from other sources.
7. States Parties are not required to exempt income taxes, pensions or annuities from former judges, prosecutors and clerks and dependants.
Article 16
The Deputy Registrar, the staff of the Office of the Prosecutor
and Registry staff
1. The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry shall enjoy the privileges, immunities and facilities necessary to carry out their functions independently. They benefit:
(a) Immunity of arrest, detention and seizure of personal baggage;
(b) An absolute immunity from jurisdiction for words and writings as well as for acts performed by them in their official capacity. Such immunity continues to be granted after the end of their commitment to the service of the Court;
(c) The inviolability of all official documents and documents irrespective of the form and any official material;
(d) Exemption of any salary tax, emoluments and allowances they receive from the Court. States Parties may take these salaries, emoluments and allowances into account for the calculation of income tax from other sources;
(e) The exemption from national service obligations;
(f) Exemption, for them and for their family members who are part of their household, restrictions on immigration and registration of foreigners;
(g) The exemption from any inspection of their personal baggage, unless there are substantial grounds for believing that such baggage contains articles whose import or export is prohibited or subject to quarantine in the State Party concerned; in this case, the inspection shall be conducted in the presence of the employee concerned;
(h) The same privileges, in terms of currency regulation, as those granted to officials of a comparable rank from diplomatic missions accredited to the State Party concerned;
(i) The same repatriation facilities in times of international crisis for themselves and members of their families who are part of their household, as provided for in the Vienna Convention for Diplomatic Agents;
(j) The right to import their furniture and their effects free of fees and taxes, except payments made for services rendered on the occasion of the first taking of functions in the State Party concerned, and to re-export them free of charge in the country of their domicile.
2. States Parties are not required to exempt from income tax pensions or annuities paid to former deputy clerks, staff of the Office of the Prosecutor, staff of the Registry and their dependants.
Article 17
Local staff not otherwise
covered by this Agreement
Persons recruited by the Court locally who are not otherwise covered by this Agreement shall enjoy immunity from jurisdiction for the words, writings and acts performed by them in their official capacity on behalf of the Court. Such immunity continues to be granted after the termination of their functions for activities carried out on behalf of the Court. These persons also benefit, during the period in which they are employed by the Court; any other facilities that may be necessary for the independent exercise of their functions.
Article 18
Counselling and people bringing
assistance to defence counsel
1. The boards shall enjoy the following privileges, immunities and facilities to the extent necessary for the independent exercise of their functions, including during their travel, for the purposes of their service, subject to the production of the certificate referred to in paragraph 2 of this article:
(a) Immunity of arrest, detention and seizure of personal baggage;
(b) absolute immunity from jurisdiction for words and writings and for acts performed by them in their official capacity; immunity continues to be granted to them, even after the termination of their functions;
(c) Inviolability of documents and documents in any form and material relating to the performance of their functions;
(d) Right to receive and send, for communications related to the performance of their functions, papers or documents, regardless of form;
(e) Exemption from immigration restrictions and registration procedures for foreigners;
(f) Exemption from inspection of their personal baggage, unless there are substantial grounds for believing that such baggage contains articles whose import or export is prohibited or subject to quarantine in the State Party concerned; in this case the inspection takes place in the presence of the board concerned;
(g) Same monetary and foreign exchange control privileges as representatives of foreign governments on a temporary official mission;
(h) Even repatriation facilities in times of international crisis as provided for in the Vienna Convention for Diplomatic Agents.
2. When a board has been appointed in accordance with the Statute, the Rules of Procedure and Evidence and the Rules of the Court, it shall receive a certificate signed by the Registrar for the period necessary for the performance of its functions. If the power or mandate ends before the certificate expires, the certificate shall be withdrawn.
3. Where tax liability is based on residence, the periods during which advice is located in the territory of a State Party for the performance of their functions are not considered to be periods of residence.
4. The provisions of this section shall apply mutatis mutandis to persons who assist the defence counsel in accordance with section 22 of the Rules of Procedure and Evidence.
Article 19
Witnesses
1. Witnesses shall be accorded the following privileges, immunities and facilities, to the extent necessary for their appearance before the Court to testify, including during the travel of this appearance, subject to the production of the document referred to in paragraph 2 of this article:
(a) Immunity of arrest or detention;
(b) Without prejudice to paragraph (d) below, immunity from the seizure of their personal baggage, unless there are substantial grounds for believing that such baggage contains articles whose import or export is prohibited or subject to quarantine in the State Party concerned;
(c) absolute immunity from jurisdiction for their words and writings and for the acts performed by them during their testimony; this immunity continues to be granted to them even after their appearance and testimony before the Court;
(d) Inviolability of documents and documents in any form and material relating to their testimony;
(e) Right to receive and send papers and documents in any form, for the purposes of communication with the Court and advice on the occasion of their testimony;
(f) Exemption from immigration restrictions or registration procedures for aliens when travelling for the purposes of their testimony;
(g) Even repatriation facilities in times of international crisis as provided for in the Vienna Convention for Diplomatic Agents.
2. Witnesses who enjoy the privileges, immunities and facilities referred to in paragraph 1 of this article shall be issued by the Court a document certifying that their presence is required at the seat of the Court and specifying the period during which such presence is necessary.
Rule 20
Victims
1. The 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 during the travel caused by this appearance, subject to the production of the document referred to in paragraph 2 of this article:
(a) Immunity of arrest or detention;
(b) Immunity for the seizure of their personal baggage, unless there is any serious reason to believe that such baggage contains articles whose import or export is prohibited or subjected to quarantine in the State Party concerned;
(c) absolute immunity from jurisdiction for their words and writings and for all acts performed by them during their appearance before the Court; this immunity continues to be granted even after they appear before the Court;
(d) Exemption from immigration restrictions or registration procedures for foreigners when they visit the Court to appear or return.
2. Victims participating in the proceedings in accordance with rules 89 to 91 of the Rules of Procedure and Evidence which enjoy the privileges, immunities and facilities referred to in paragraph 1er of this article shall be issued by the Court a document certifying their participation in the proceedings of the Court and specifying the period of such 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 during the movement of their functions, subject to the production of the document referred to in paragraph 2 of this article:
(a) Immunity of arrest, detention and seizure of personal baggage;
(b) absolute immunity from jurisdiction for their words and writings and for all acts performed by them during the performance of their duties; this immunity continues to be granted to them even after the end of their duties;
(c) Inviolability of documents and documents in any form and material relating to their functions;
(d) Right to receive and send documents and documents in any form and material relating to their duties by mail or sealed suitcase, for the purposes of their communications with the Court;
(e) Exemption from the inspection of their personal baggage, unless there are substantial grounds for believing that such baggage contains articles whose import or export is prohibited or subject to quarantine in the State Party concerned; in this case the inspection takes place in the presence of the expert concerned;
(f) Same monetary and foreign exchange control privileges as representatives of foreign governments on a temporary official mission;
(g) Even repatriation facilities in times of international crisis as provided for in the Vienna Convention for Diplomatic Agents;
(h) Exemption from immigration restrictions or from foreign registration procedures in the performance of their duties, as defined in the document referred to in paragraph 2 of this section.
2. The experts on mission who enjoy the privileges, immunities and facilities referred to in paragraph 1 of this article shall be issued by the Court a document certifying that they perform functions on behalf of the Court and indicating the duration of such functions.
Article 22
Other persons required
at the seat of the Court
1. Other persons whose presence is required at the seat of the Court. shall be accorded, to the extent necessary for such presence and, in the course of travel caused by it, the privileges, immunities and facilities provided for in article 20, paragraph 1er(a) to (d) of this Agreement, subject to the production of the document referred to in paragraph 2 of this article.
2. Such persons shall be issued by the Court a document certifying that their presence is required at the seat of the Court and indicating the 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)er of Article 16, the persons referred to in Articles 15, 16, 18, 19 and 21 shall, in the territory of the State Party of which they are a national or a permanent resident, enjoy the following privileges and immunities only to the extent necessary to enable them to exercise their functions or to appear or testify before the Court independently:
(i) Immunity of arrest and detention;
(ii) Immunity of jurisdiction for their words and writings, as well as for the acts performed by them in the performance of their duties with the Court or during their appearance or testimony; that immunity continues to be granted to them when they have ceased to serve with the Court, and after their appearance or testimony before the Court;
(iii) Inviolability of documents and documents in any form and material relating to the performance of their duties with the Court or their appearance or testimony before the Court;
(iv) Right to receive and send papers in any form, for communication with the Court and, in the case of a person referred to in section 19, with counsel on the occasion of his testimony;
(b) Unless additional privileges and immunities granted by the State Party concerned, the persons referred to in articles 20 and 22 shall, on the territory of the State Party of which they are a national or permanent resident, enjoy the following privileges and immunities only to the extent necessary for their appearance before the Court:
(i) Immunity of arrest and detention;
(ii) Immunity of jurisdiction for their words and writings, as well as for the acts performed by them during their appearance before the Court; this immunity continues to be granted even after they appear before the Court.
Article 24
Cooperation with the authorities of States Parties
1. The Court shall, at any time, cooperate with the competent authorities of the States Parties to enforce their laws and to prevent any abuse of the privileges, immunities and facilities referred to in this Agreement.
2. Without prejudice to their privileges and immunities, all persons who enjoy privileges and immunities under this Agreement are obliged to comply with the laws and regulations of the State Party in which they reside or from which they cross the territory for the purposes of the Court. They are also obliged not to interfere in the internal affairs of this State.
Article 25 Acknowledging privileges and immunities
Articles 13 and 14
The privileges and immunities referred to in Articles 13 and 14 of this Agreement shall be accorded to representatives of States and intergovernmental organizations not to their personal benefit but to preserve their independence in the exercise of their functions related to the work of the Assembly, its subsidiary bodies and the Court. Therefore, States Parties have not only the right but the obligation to lift the privileges and immunities of their representatives in all cases where, in the opinion of these States, these privileges and immunities would hinder the march of justice and may be lifted without prejudice to the purposes for which they have been granted. The privileges and immunities provided for in Articles 13 and 14 of this Agreement shall be accorded to States that are not parties thereto and to intergovernmental organizations on the understanding that they are subject to the same obligation of lifting.
Rule 26
Derived from privileges and immunities
under articles 15 to 22
1. The privileges and immunities provided for in Articles 15 to 22 of this Agreement shall be granted in the interest of the good administration of justice and not to the personal benefit of the persons concerned. They may be lifted in accordance with Article 48, paragraph 5, of the Statute and the provisions of this Article and shall be lifted in cases where they would interfere with the conduct of justice and where they may be lifted without prejudice to the purposes for which they have been granted.
2. Privileges and immunities may be lifted;
(a) In the case of a judge or prosecutor, by a decision taken by an absolute majority of the judges;
(b) In the case of the Registrar, by the Presidency;
(c) In the case of a Deputy Prosecutor and the staff of the Office of the Prosecutor, by the Prosecutor;
(d) In the case of the Deputy Registrar and Registry staff, the Registrar;
(e) In the case of personnel referred to in section 17, by the person at the head of the body of the Court who employs the person concerned;
(f) In the case of counsel and persons attending defence counsel, by the Presidency;
(g) In the case of witnesses and victims, by the Presidency;
(h) In the case of experts, by the person at the head of the body of the Court who appointed the expert;
(i) In the case of other persons whose presence is required at the seat of the Court by the Presidency.
Rule 27
Social security
As from the date on which the Court will establish a social security regime, the persons referred to in articles 15, 16 and 17 will be exempted from all mandatory contributions to national social security schemes in respect of their benefits to the Court.
Rule 28
Notifications
The Registrar shall periodically communicate to all States Parties the identity 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 the advice to which the provisions of this Agreement apply. The Registrar shall also communicate to all States Parties any changes in the status of such persons.
Rule 29
Pass
States Parties shall recognize and accept as valid travel documents United Nations laissez-passers and travel documents issued by the Court to 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.
Rule 30
Visas
Requests for visas or permits for entry or exit (when necessary) from the holders of a United Nations laissez-passer or travel documents issued by the Court, or persons referred to in Articles 18 to 22 of this Agreement, holders of a certificate issued by the Court certifying that they are travelling on behalf of the Court must be considered as soon as possible by the States Parties and must be considered as soon as possible.
Rule 31
Settlement of disputes with third parties
Without prejudice to the powers and responsibilities conferred by the Statute on the Assembly, the Court shall make provisions for the settlement by appropriate means:
(a) Disputes arising from contracts and other private law disputes to which the Court is a party;
(b) Disputes involving any person referred to in this Agreement who enjoys immunity because of his or her official situation or duties with the Court, unless such immunity has been waived.
Rule 32
Settlement of interpretation disputes
or the application of this Agreement
1. Any dispute between two or more States Parties or between the Court and a State Party relating to the interpretation or application of this Agreement shall be settled by means of consultation, negotiation or by any other means agreed.
2. If the dispute is not settled in accordance with paragraph 1er of this Article within three months after the written request made to that effect by one of the parties to the dispute, it shall, at the request of either party, be brought before an arbitral tribunal in accordance with the procedure set out in paragraphs 3 to 6 of this Article.
3. The arbitral tribunal shall consist of three members: each party to the dispute shall choose one and the third, who shall preside over the court, shall be chosen by the other two members. If either of the parties to the dispute has not designated its arbitrator within two months of the designation of the other arbitrator by the other party, the latter party may request the President of the International Court of Justice to proceed with that designation. If there is no agreement between the first two members on the choice of the chair of the court within two months of their appointment, either party may request the President of the International Court of Justice to choose the court.
4. Unless the parties to the dispute decide otherwise, the arbitral tribunal shall determine its own procedure and the costs shall be borne by the parties to the dispute in the manner determined by the court.
5. The arbitral tribunal, which shall decide by majority, shall decide on the dispute on the basis of the provisions of this Agreement and the rules of applicable international law. Its decision is final and binding on the parties.
6. The decision of the arbitral tribunal shall be communicated to the parties to the dispute, the Registrar and the Secretary-General.
Rule 33
Applicability of this Agreement
This Agreement shall apply without prejudice to the applicable rules of international law, including international humanitarian law.
Rule 34
Signature, ratification, acceptance,
approval or accession
1. This Agreement shall be open for signature by all States from 10 September 2002 to 30 June 2004 at United Nations Headquarters in New York.
2. This Agreement shall be subject to ratification, acceptance or approval by the signatory States. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General.
3. This Agreement shall remain open to the accession of all States. The instruments of accession shall be deposited with the Secretary-General.
Rule 35
Entry into force
1. This Agreement shall enter into force thirty days after the 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 this Agreement after the deposit of the tenth instrument, of ratification, acceptance, approval or accession, the Agreement shall enter into force on the thirtieth day after the date of deposit of its instrument of ratification, acceptance, approval or accession with the Secretary-General.
Rule 36
Amendments
1. Any State Party may, by written communication addressed to the Secretariat of the Assembly, propose amendments to this Agreement. The Secretariat shall transmit this communication to all States Parties and the Bureau of the Assembly, asking States Parties to inform the Committee whether they wish a review conference of the States Parties to be organized to consider the proposal.
2. If, within three months of the date of transmission of the communication by the Assembly Secretariat, the majority of the States Parties shall inform the Assembly that it is in favour of a review conference, the Secretariat shall request the Bureau of the Assembly to convene such a conference at the next, ordinary or extraordinary session of the Assembly.
3. The adoption of an amendment that cannot be adopted by consensus requires a two-thirds majority of the States Parties present and voting, on the understanding that the majority of the States Parties must be present.
4. The Bureau of the Assembly shall forthwith transmit to the Secretary-General the text of any amendment adopted by the States Parties to a review conference. The Secretary-General shall transmit the amendments adopted at the Review Conferences to all States Parties and signatories.
5. An amendment shall enter into force for States Parties that have ratified or accepted it sixty days after two thirds of the States that were Parties on the date of its adoption have deposited instruments of ratification or acceptance with the Secretary-General.
6. When a State Party ratifys or accepts an amendment after the deposit of the required number of instruments of ratification and acceptance, that amendment shall enter into force for it on the sixtieth day after the deposit of its instrument of ratification or acceptance.
7. A State that becomes a Party to this Agreement after the entry into force of an amendment under paragraph 5 is deemed, provided that it does not express a different intention:
(a) Be a Party to this Agreement as amended; and
(b) Being a party to the unamended agreement vis-à-vis any State Party that is not bound by the amendment.
Rule 37
Denunciation
1. A State Party may denounce this Agreement by means of written notification addressed to the Secretary-General. The denunciation takes effect one year after the date of receipt of the notification, unless the notification provides a later date.
2. The denunciation does not affect the duty of any State Party to fulfil any obligation set out in this Agreement to which it would be subject under international law independently of this Agreement.
Rule 38
Depositary
The Secretary-General is the depositary of this Agreement.
Rule 39
Faithful texts
The original of this Agreement, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General.
In faith, the undersigned, duly authorized to do so, have signed this Agreement.

Agreement on the Privileges and Immunities of the International Criminal Court, done in New York on 9 September 2002 (2)
For the consultation of the table, see image
This Agreement comes into force for Belgium on 27 April 2005.