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1180 OF 2007
(December 31)
Official Journal No. 46,858 of 31 December 2007
CONGRESS OF THE REPUBLIC
By means of which the "Agreement on the Privileges and Immunities of the International Criminal Court", made in New York, is approved on September 9, 2002.
The Congress of Colombia
Having regard to the text of the "Agreement on the Privileges and Immunities of the International Criminal Court", made in New York, on September 9, 2002, which reads:
(To be transcribed: photocopy of the full text of the International Instrument mentioned).
AGREEMENT ON THE PRIVILEGES AND IMMUNITIES OF THE INTERNATIONAL CRIMINAL COURT
States Parties to this Agreement,
Whereas in the Rome Statute of the International Criminal Court, approved on 17 July 1998 by the Diplomatic Conference of Plenipotentiaries of the United Nations, the International Criminal Court was established with the power to exercise competence on persons with respect to the most serious crimes of international significance;
Whereas, according to Article 4 of the Rome Statute, the Court shall have international legal personality and the legal capacity necessary for the performance of its functions and the performance of its purposes;
Whereas, pursuant to Article 48 of the Statute of Rome, the International Criminal Court shall enjoy in the territory of each State Party to the Statute of the privileges and immunities necessary for the performance of its
;Have agreed to the following:
ARTICLE 1o. TERMS USED. For the purposes of this Agreement:
(a) By "the Statute" means the Rome Statute of the International Criminal Court, approved on 17 July 1998 by the Diplomatic Conference of Plenipotentiaries of the United Nations on the Establishment of a Criminal Court international;
(b) "the Court" means the International Criminal Court established by the Statute;
(c) "States Parties" shall mean the States Parties to this Agreement;
(d) "Representatives of the States Parties" shall mean delegates, alternate delegates, advisors, technical experts and secretaries of delegations;
e) "the Assembly" shall mean the Assembly of States Parties to the Statute;
f) By "Magistrates" the magistrates of the Court will be understood;
g) "The Presidency" shall mean the body composed of the President and the First and Second Vice-Presidents of the Court;
(h) "the Prosecutor" shall mean the Prosecutor elected by the Assembly in accordance with paragraph 4 of Article 42 of the Statute;
i) By "Adjuntos Prosecutors" shall mean the Adjunto Prosecutors elected by the Assembly in accordance with paragraph 4 of Article 42 of the Statute;
(j) "the Secretary" shall mean the Registrar elected by the Court in accordance with paragraph 4 of Article 43 of the Statute;
k) By "Assistant Secretary" shall mean the Registrar elected by the Court in accordance with paragraph 4 of Article 43 of the Statute;
1) "Lawyers" shall mean the defense lawyers and legal representatives of the victims;
m) "Secretary General" shall mean the Secretary-General of the United Nations;
n) By "representatives of intergovernmental organizations", the chief executive of intergovernmental organizations shall be understood, including any official acting in its representation;
(o) "The Vienna Convention" means the Vienna Convention on Diplomatic Relations of 18 April 1961;
p) By "Rules of Procedure and Test" shall be construed as the Rules of Procedure and Test approved in accordance with Article 51 of the Statute.
ARTICLE 2o. LEGAL STATUS AND LEGAL PERSONALITY OF THE COURT. The Court will have international legal personality and will also have the legal capacity that is necessary for the performance of its functions and the fulfillment of its purposes. It shall have in particular legal capacity to conclude contracts, acquire movable and immovable property and dispose of them and participate in court proceedings.
ARTICLE 3o. GENERAL PROVISIONS ON THE PRIVILEGES AND IMMUNITIES OF THE COURT. The Court shall enjoy in the territory of each State Party of the privileges and immunities that are necessary for the fulfilment of its purposes.
ARTICLE 4. INVIOLABILITY OF THE COURT PREMISES. The premises of the Court shall be inviolable.
ARTICLE 5o. FLAG, EMBLEM AND SIGNS. The Court shall have the right to fly its flag and to display its emblem and signs on its premises and on vehicles and other means of transport used for official purposes.
ARTICLE 6o. IMMUNITY OF THE COURT AND ITS ASSETS, ASSETS AND FUNDS.
1. The Court and its assets, assets and funds, wherever and in the power of whoever they are, shall enjoy immunity from jurisdiction in all its forms, except in so far as the Court expressly renounces it in a given case. It is understood, however, that the waiver shall not be extended to any implementing measure.
2. The goods, assets and funds of the Court, wherever and in possession of whoever they are, shall enjoy immunity from trespass, seizure, requisition, confiscation and expropriation, and any other form of interference, whether of an executive nature, administrative, judicial or legislative.
3. In so far as it is necessary for the performance of the functions of the Court, the goods, assets and funds of the Court, wherever and in possession of whoever they are, shall be exempt from restrictions, regulations, controls or moratoria of any nature.
ARTICLE 7o. INVIOLABILITY OF FILES AND DOCUMENTS. The files of the Court and, in general, all papers and documents, whatever their form, and all materials sent to or sent to the Court, are held by the Court or They belong, wherever and in the power of whomever they are, they shall be inviolable. The termination or absence of such inviolability shall not affect the protective measures ordered by the Court in accordance with the Statute and Rules of Procedure and Proof in respect of documents and materials used by the Court or provided.
ARTICLE 8o. EXEMPTION FROM TAXES, CUSTOMS DUTIES AND IMPORT OR EXPORT RESTRICTIONS.
1. The Court, its assets, income and other assets, as well as its transactions and transactions, will be exempt from all direct taxes, which include, among others, income tax, capital tax and corporation tax, as well as the direct taxes levied by local or provincial authorities. However, the Court shall not be entitled to seek exemption from the payment of charges which in fact constitute the remuneration of public services provided at a fixed rate according to the quantity of services provided and which may be identify, describe, and break down.
2. The Court shall be exempt from customs duties, taxes on the volume of imports and prohibitions or restrictions with respect to the items which it imports or exports for its official use and in respect of its publications.
3. Articles that are imported or acquired in relief shall not be sold or otherwise disposed of in the territory of a State Party except under the conditions to be agreed with the competent authorities of that State Party.
ARTICLE 9o. REFUND OF DUTIES AND/OR TAXES.
1. The Court, as a general rule, will not claim the exemption of the rights and/or taxes included in the price of movable or immovable property or of the rights paid for services provided. However, when the Court carries out important purchases of goods and goods or services intended for official use and taxed or taxable with identifiable duties and/or taxes, the States Parties shall take the administrative provisions of the case. to exempt them from such charges or to reimburse you the amount of the right and/or tax paid.
2. Articles that are acquired or reimbursed in relief shall not be sold or otherwise disposed of unless under the conditions laid down by the State Party which has granted the exemption or made the refund. No exemptions or reimbursements shall be granted for the public service fees provided to the Court.
ARTICLE 10. FUNDS AND EXEMPTION FROM MONETARY RESTRICTIONS.
1. The Court shall not be subject to financial controls, regulations or financial moratoriums of any kind in the performance of its functions and may:
a) Having funds, currency of any kind or gold and operating accounts in any currency;
b) Freely transfer their funds, gold or currency from one country to another or within a country and convert any other currencies that they hold;
c) Receive, have, negotiate, transfer or convert bonds or other financial securities or perform any transaction with them;
(d) The financial transactions of the Court shall enjoy, in respect of the exchange rate, a treatment no less favourable than that granted by the State Party in question to any intergovernmental organization or diplomatic mission.
2. The Court shall, in the exercise of its rights, in accordance with paragraph l, take due account of the observations made by a State Party, in so far as it can give effect to them without any interest.
ARTICLE 11. COMMUNICATIONS FACILITIES.
1. For the purposes of their official correspondence and communications, the Court shall enjoy in the territory of each State party to a treatment no less favourable than that which it grants to any intergovernmental organization or diplomatic mission in the field of priorities, tariffs or taxes applicable to postal postage and to the various forms of communication and correspondence.
2. Correspondence or official communications of the Court shall not be subject to any censorship.
3. The Court may use all appropriate means of communication, including electronic means, and use keys or figures for correspondence or official communications. The correspondence and official communications of the Court shall be inviolable.
4. The Court may dispatch and receive correspondence and other pieces or communications by mail or sealed bag, which shall enjoy the same privileges, immunities and facilities as are recognized in the bags and in the post and diplomatic service.
5. The Court may operate radio equipment and other telecommunications equipment on the frequencies assigned to it by the States Parties, in accordance with their national procedures. The States Parties shall endeavour to assign to the Court, to the greatest extent possible, the frequencies it has requested.
ARTICLE 12. EXERCISE OF THE FUNCTIONS OF THE COURT OUTSIDE ITS SEAT. The Court, in the event that, in accordance with Article 3 (3) of the Statute, considers it appropriate to hold a meeting in a place other than its headquarters in The Hague (Netherlands). an agreement with the State concerned in respect of the granting of the appropriate facilities for the exercise of its functions.
1. Representatives of States Parties to the Staff Regulations attending meetings of the Assembly or its subsidiary bodies, representatives of other States attending meetings of the Assembly and its subsidiary bodies as observers of in accordance with Article 112 (1) of the Statute of Rome, and representatives of the States and intergovernmental organizations invited to meetings of the Assembly and its subsidiary bodies shall, as long as they are in exercise of his official duties and during the journey to the place of assembly and on his return, Following privileges and immunities:
a) Immunity against arrest or personal detention;
(b) Immunity of any kind in respect of statements which they make orally or in writing and the acts which they carry out on an official basis, which shall remain even after they have ceased in the exercise of their functions as representatives;
c) Inviolability of all papers and documents, whatever their form;
d) Right to use keys or figures and to receive papers and documents or correspondence by mail or sealed bag and to receive and send electronic communications;
e) Exemption from immigration restrictions, formalities for the registration of foreign nationals and obligations of the national service in the State Party that they visit or for which they transit in the performance of their duties;
(f) The same privileges with respect to currency and currency facilities that are recognized as representatives of foreign governments on a temporary official mission;
(g) The same immunities and facilities in respect of their personal baggage as are recognised as diplomatic agents under the Vienna Convention;
(h) The same protection and the same repatriation facilities as diplomatic agents are recognised in times of international crisis under the Vienna Convention;
(i) Other privileges, immunities and facilities compatible with those that are the case for diplomatic agents, with the exception that they will not be able to claim the exemption of customs duties on imported goods (which are not part of the your personal luggage) or tax on sales or consumption.
2. Where the application of any form of tax depends on the residence, the periods in which the representatives described in paragraph 1 attending meetings of the Assembly and its subsidiary bodies remain in a State Party of his/her duties shall not be considered as periods of residence.
3. Paragraphs 1 and 2 of this Article shall not apply between a representative and the authorities of the State Party to which he is a national or of the State Party or the intergovernmental organisation of which he is or has been a representative.
ARTICLE 14. REPRESENTATIVES OF STATES PARTICIPATING IN THE COURT ACTUATIONSXX_ENCODE_CASE_CAPS_LOCK_OFF. REPRESENTATIVES OF STATES PARTICIPATING IN THE PROCEEDINGS OF THE COURT SHALL ENJOY, WHILE THEY ARE PERFORMING THEIR OFFICIAL DUTIES, AND DURING THE OUTWARD JOURNEY TO THE SITE of the proceedings and the return thereof, of the privileges and immunities referred to in Article 13.
ARTICLE 15. MAGISTRATES, PROSECUTOR, ASSISTANT PROSECUTORS AND SECRETARY.
1. The Magistrates, the Prosecutor, the Adjunto Prosecutors and the Registrar shall enjoy, when acting in the performance of their functions for the Court or in relation to them, of the same privileges and immunities recognized to the heads of the diplomatic missions and, upon expiry of their term of office, shall continue to enjoy immunity from jurisdiction for statements which they have made verbally or in writing and the acts they have performed in the performance of their official duties.
2. The Magistrates, the Prosecutor, the Adjunto Prosecutors and the Secretary and the relatives who are part of their homes will receive all the facilities to leave the country in which they are located and to enter and leave the country in which the Court is sitting. In the course of the trips which the Magistrates, the Prosecutor, the Deputy Prosecutors and the Secretary will take in the performance of their duties, in all the States Parties to which they have to transit, the privileges, immunities and facilities that States Parties in similar circumstances grant to diplomatic agents in accordance with the Vienna Convention.
3. The Magistrate, the Prosecutor, an Assistant Prosecutor or the Registrar who, in order to keep himself at the disposal of the Court, is residing in a State Party other than that of his nationality or permanent residence shall enjoy, together with the relatives who are part of their homes, privileges, immunities and facilities of diplomatic agents while residing in that State.
4. The Magistrates, the Prosecutor, the Adjunto Prosecutors and the Secretary, as well as the relatives who are part of their homes will have the same repatriation facilities in times of international crisis that are granted to the diplomatic agents with the Vienna Convention.
5. Paragraphs 1 to 4 of this Article shall apply to the Magistrates of the Court even after their term of office if they continue to perform their duties in accordance with paragraph 10 of Article 36 of the Statute.
6. The salaries, emoluments and benefits that the Magistrates, the Prosecutor, the Adjunto Prosecutors and the Registrar of the Court will receive will be exempt from taxes. Where the application of a tax of any kind depends on the residence, the periods during which the Magistrates, the Prosecutor, the Deputy Prosecutors and the Registrar are in a State Party in order to carry out their duties will be considered as periods of residence for tax purposes. States Parties may take into account such salaries, emoluments and benefits for the purposes of determining the amount of taxes to be applied to revenue from other sources.
7. States Parties shall not be required to exempt income tax on pensions or for life income paid to former Magistrates, Prosecutors or Secretaries and persons in their care.
ARTICLE 16. ASSISTANT SECRETARY, STAFF OF THE PROSECUTOR ' S OFFICE AND STAFF OF THE SECRETARIAT.
1. The Deputy Secretary, the staff of the Office of the Prosecutor General and the staff of the Secretariat shall enjoy the privileges, immunities and facilities necessary for the independent exercise of their duties. They will be:
(a) Immunity against any form of arrest or detention and the seizure of your personal luggage;
(b) Immunity of any kind in respect of statements which they make orally or in writing and the acts which they perform in the exercise of their functions, which shall remain even after they have ceased in the exercise of their duties; functions;
c) The right to the inviolability of all official papers and documents of the Court, whatever their form, and of all materials;
d) Exemption from taxes on the salaries, emoluments and benefits they receive from the Court. States Parties may take into account these salaries, emoluments and benefits for the purposes of determining the amount of taxes to be applied to the income of other sources;
e) Exemption from any national service obligation;
f) Together with family members who are part of their homes, exemption from immigration restrictions, and foreign registration formalities;
g) Exemption from the inspection of your personal luggage, unless there are reasonable grounds to believe that the baggage contains items whose import or export is prohibited by law or subject to control by the State quarantine rules Part of the case, in which case an inspection shall be carried out in the presence of the official;
(h) The same privileges with respect to monetary and currency facilities that are recognized as equivalent category officials belonging to the diplomatic missions accredited in the State Party concerned;
i) Together with family members who are part of their homes, the same repatriation facilities in times of international crisis, recognized as diplomatic agents under the Vienna Convention;
(j) Right to import, free of charge and taxes, with the exception of payments constituting the remuneration of services rendered, their furniture and effects at the time they occupy their position in the State Party in question and re-export to your country of permanent residence, free of charges and taxes, such furniture and effects.
2. States Parties shall not be required to exempt from income tax on pensions or for life income paid to former assistant secretaries, members of the staff of the Office of the Prosecutor, members of the staff of the Secretariat and persons in charge.
ARTICLE 17. PERSONNEL HIRED LOCALLY AND WHO ARE NOT OTHERWISE COVERED BY THIS AGREEMENT. Staff hired locally by the Court and who are not otherwise covered by this Agreement shall enjoy immunity from jurisdiction in respect of statements that he makes verbally or in writing and the acts he carries out in the exercise of his duties for the Court. This immunity shall remain after it has ceased in the exercise of those functions in respect of the activities carried out on behalf of the Court. During employment, the facilities that are necessary for the independent exercise of their functions for the Court will also be granted.
ARTICLE 18. LAWYERS AND INDIVIDUALS ATTENDING DEFENSE ATTORNEYS.
l. Lawyers shall enjoy the following privileges, immunities and facilities in so far as it is necessary for the independent exercise of their duties, including the time spent on journeys, in respect of the exercise of their duties and provided that they exhibit the certificate referred to in paragraph 2 of this Article:
(a) Immunity of arrest or personal detention and the seizure of your personal luggage;
(b) Immunity of any kind in respect of statements which they make verbally or in writing and the acts which they perform in the performance of their duties, which shall remain even after they have ceased in the exercise of their duties; functions;
(c) The right to the inviolability of papers and documents, whatever their form, and materials related to the performance of their duties;
(d) The right to receive and to send papers and documents, whatever their form, for communication purposes in the exercise of their functions as a lawyer;
e) Exemption from restrictions on immigration and foreign registration formalities;
(f) Exemption from the inspection of personal baggage, unless there are reasonable grounds for believing that the baggage contains items for which the import or export is prohibited by law or subject to control by the State quarantine rules Part of the case, in which case an inspection shall be carried out in the presence of the lawyer;
g) The same privileges with respect to currency and currency facilities that are recognized to foreign government representatives on an official temporary mission;
(h) The same repatriation facilities in times of international crisis to be recognized as diplomatic agents under the Vienna Convention.
2. Once a lawyer has been appointed in accordance with the Statute, the Rules of Procedure and Proof and the Rules of Procedure, he shall be issued with a certificate, signed by the Registrar, for the period necessary for the exercise of his duties. The certificate will be removed if it is terminated before the certificate expires.
3. Where the application of a tax of any kind depends on residence, the periods during which lawyers are in a State Party in order to perform their duties shall not be considered as periods of residence.
4. The provisions of this Article shall apply, mutatis mutandis, to persons who assist the defence lawyers in accordance with Rule 22 of the Rules of Procedure and Test.
1. Witnesses shall be recognized, to the extent necessary for their appearance before the Court in order to provide a declaration, the following privileges, immunities and facilities, including during the time spent on travel related to his appearance before the Court, provided that they exhibit the document referred to in paragraph 2 of this Article:
a) Immunity against arrest or personal detention;
(b) Without prejudice to paragraph (d) below, immunity from the seizure of personal luggage shall be waived unless there are reasonable grounds for believing that the baggage contains articles the import or export of which is prohibited by law. or subject to control by the quarantine rules of the State Party concerned;
(c) Immunity of any kind in respect of statements made orally or in writing and the acts which they carry out in the course of their testimony, which shall remain even after they have appeared and provided testimony before the Court;
d) Inviolability of papers and documents, whatever their form, and materials related to their testimony;
e) For the purposes of your communications with the Court and your lawyers in relation to your testimony, the right to receive and to send papers and documents, whatever your form;
(f) Exemption from restrictions on immigration and the formalities of the registration of foreigners when they travel by reason of their appearance to provide a statement;
g) The same repatriation facilities in times of international crisis to be recognized as diplomatic agents under the Vienna Convention.
2. The Court shall extend on behalf of the witnesses to whom the privileges, immunities and facilities referred to in paragraph 1 of this Article are recognized, a document certifying that they must appear before the Court and specify the period during which that appearance is required.
1. Victims who participate in the proceedings shall be recognised in accordance with Rules 89 to 91 of the Rules of Procedure and Test, in so far as it is necessary for their appearance before the Court, the following privileges, immunities and facilities, including during the time spent in travel related to their appearance before the Court, provided that they exhibit the document referred to in paragraph 2 of this Article:
a) Immunity against arrest or personal detention;
(b) Immunity against the seizure of your personal luggage, unless there are reasonable grounds to believe that the baggage contains items whose import or export is prohibited by law or subject to control by the quarantine rules of the State Party in question;
(c) Immunity of any kind in respect of statements made orally or in writing and the acts which they perform in the course of their appearance before the Court, which shall remain even after they have appeared before the Court. the Court;
(d) Exemption from restrictions on immigration and formalities for the registration of foreigners when they travel to and from the Court on the grounds of their appearance.
2. The Court shall extend to the name of the victims who participate in the proceedings in accordance with Rules 89 to 91 of the Rules of Procedure and Proof and to which the privileges, immunities and facilities to which it is granted are recognized reference in paragraph 1 of this Article, a document certifying its participation in the proceedings of the Court and specifying the duration of its participation.
1. Experts shall be recognised as having the following privileges, immunities and facilities to the Court in so far as it is necessary for the independent exercise of their duties, including the time spent on related journeys with them, provided that they display the document referred to in paragraph 2 of this Article:
(a) Immunity against any form of arrest or personal detention and the seizure of your personal luggage;
(b) Immunity of any kind in respect of statements which they make orally or in writing and the acts which they perform during the performance of their duties, immunity which shall remain even after they have ceased to be such functions;
c) Inviolability of documents and papers, whatever their form, and materials related to their functions;
d) For the purposes of your communications with the Court, the right to receive and to send papers and documents, whatever their form, and materials related to their functions by mail or sealed bag;
e) Exemption from the inspection of personal baggage, unless there are reasonable grounds to believe that the baggage contains items for which import or export is prohibited by law or subject to control by the State quarantine rules Part of the case, in which case an inspection shall be carried out in the presence of the expert himself;
(f) The same privileges with respect to currency and currency facilities that are recognized as representatives of foreign governments on a temporary official mission;
g) The same repatriation facilities in times of international crisis to be recognized as diplomatic agents under the Vienna Convention;
(h) Exemption from restrictions on immigration and formalities for the registration of aliens in relation to their duties, as specified in the document referred to in paragraph 2 of this Article.
2. The Court shall extend on behalf of the experts to whom the privileges, immunities and facilities referred to in paragraph 1 of this Article are recognized, a document certifying that they are exercising functions for the Court. and specify the period that these functions will last.
ARTICLE 22. OTHER PERSONS WHOSE PRESENCE IS REQUIRED AT COURT HEADQUARTERS.
1. The other persons whose presence is required at the seat of the Court shall be recognized, in so far as it is necessary for their presence in that seat, including the time spent on travel for that purpose, the privileges, immunities and facilities which are indicate in paragraphs (a) to (d) of paragraph 1 of Article 20 of this Agreement, provided that they display the document referred to in paragraph 2 of this Article. The Court shall extend to the other persons whose presence is required at the seat of the Court a document certifying that its presence is necessary and specifying the period during which it is necessary.
ARTICLE 23. NATIONALS AND PERMANENT RESIDENTS. At the time of signature, ratification, acceptance, approval or accession, any State may declare that:
(a) Subject to the provisions of Article 15 (6) and Article 16 (1) (d), the persons referred to in Articles 15, 16, 18, 19 and 21 shall only enjoy, in the territory of the State Party to which they are nationals or permanent residents, of the following privileges and immunities to the extent necessary for the independent performance of their duties or their appearance or deposition before the Court:
i) Immunity of arrest or personal detention;
(ii) Judicial immunity of any kind in respect of statements made orally or in writing and of acts performed in the performance of their duties before the Court or during their appearance or deposition, immunity is to be subsist even after they have ceased to perform their duties before the Court or after their appearance or deposition before the Court;
iii) Inviolability of papers and documents, whatever their form, and pieces related to the performance of their duties to the Court or their appearance or deposition to it;
iv) For the purposes of your communications with the Court and, as regards the persons referred to in Article 19, for your communications with your lawyer in connection with your deposition, the right to receive and send papers, whatever your form.
(b) Persons referred to in Articles 20 and 22 shall only enjoy, in the territory of the State Party to which they are nationals or permanent residents, the following privileges and immunities to the extent necessary for their appearance before the Cut:
i) Immunity of arrest or personal detention;
(ii) Judicial immunity of any kind in respect of statements made orally or in writing and of the acts which they perform during their appearance before the Court, immunity which shall remain even after their appearance.
ARTICLE 24. COOPERATION WITH THE AUTHORITIES OF STATES PARTIES.
1. The Court shall at all times cooperate with the competent authorities of the States Parties in order to facilitate compliance with their laws and prevent abuses in relation to the privileges, immunities and facilities referred to in the Court of Justice. Present Agreement.
2. All persons enjoying privileges and immunities in accordance with this Agreement shall be bound, without prejudice to such privileges and immunities, to respect the laws and regulations of the State Party in whose territory they are located or The Court of Justice of the European Court of Justice. They shall also be obliged not to interfere in the internal affairs of that State.
ARTICLE 25. WAIVER OF THE PRIVILEGES AND IMMUNITIES PROVIDED FOR IN ARTICLES 13 AND 14. The privileges and immunities provided for in Articles 13 and 14 of this Agreement shall not be conferred on the representatives of the States and of the organizations (a) to safeguard the independent exercise of its functions in relation to the work of the Assembly, its subsidiary bodies and the Court. As a result, the States Parties not only have the right, but the obligation, to waive the privileges and immunities of their representatives in any event where, in the opinion of those States, such privileges and immunities could constitute a obstacle to justice and renunciation is possible without prejudice to the end for which they are recognized. States which are not Parties to this Agreement and to the intergovernmental organizations are hereby recognized as having the privileges and immunities provided for in Articles 13 and 14 of this Agreement in the understanding that they shall bear the same privileges and immunities. obligations regarding the waiver.
ARTICLE 26. WAIVER OF THE PRIVILEGES AND IMMUNITIES PROVIDED FOR IN ARTICLES 15 TO 22.
1. The privileges and immunities provided for in Articles 15 to 22 of this Agreement are recognised in the interests of the administration of justice and not for personal gain. They may be waived in accordance with Article 48 (5) of the Staff Regulations and with the provisions of this Article and the obligation to do so in a given case shall be the case where they may constitute an obstacle to justice and Waiver is possible without prejudice to the purpose for which they are recognized.
2. Privileges and immunities may be waived:
(a) In the case of a Magistrate or the Prosecutor, by an absolute majority of the Magistrates;
b) In the case of the Secretary, by the Presidency;
c) In the case of the Adjuntos Prosecutors and the Prosecutor's Office staff, by the Prosecutor;
d) In the case of the Assistant Secretary and the Secretariat staff, by the Secretary;
e) In the case of personnel referred to in Article 17, by decision of the head of the court body employing such staff;
f) In the case of lawyers and persons attending the defense lawyers, by the Presidency;
g) In the case of witnesses and victims, by the Presidency;
(h) In the case of experts, by decision of the head of the court body that has appointed the expert;
i) In the case of other persons whose presence is required at the Court's seat, by the Presidency.
ARTICLE 27. SOCIAL SECURITY. As of the date the Court establishes a social security system, the persons referred to in Articles 15, 16 and 17 shall be exempt, in relation to the services provided to the Court, from all mandatory contribution to national social security systems.
ARTICLE 28. Notice. The Secretary shall periodically communicate to all States Parties the names of the Magistrates, the Prosecutor, the Deputy Prosecutors, the Secretary, the Assistant Secretary, the staff of the Office of the Prosecutor, the staff of the Secretariat and the lawyers to whom the provisions of this Agreement apply. The Secretary shall also communicate to all States Parties information about any change in the status of such persons.
ARTICLE 29. LAISSEZ PASSER. States Parties shall recognise and accept as valid travel documents the laissez passer of the United Nations or the travel documents issued by the Court to the Magistrates, the Prosecutor, the Deputy Prosecutors, the Registrar, the Assistant Secretary, the staff of the Office of the Prosecutor and the staff of the Secretariat.
ARTICLE 30. VISIT. Applications for visas or entry or exit permits, if necessary, submitted by those who are the holders of a United Nations laissez passer or the travel document issued by the Court, or another person of the referred to in Articles 18 to 22 of this Agreement which has a certificate issued by the Court stating that its journey is due to its affairs, shall be dealt with by the States Parties as quickly as possible and free of charge.
ARTICLE 31. SETTLEMENT OF DISPUTES WITH THIRD PARTIES. The Court, without prejudice to the powers and functions of the Assembly in accordance with the Statute, shall adopt provisions on appropriate means of dispute settlement:
(a) That they give contracts or refer to other matters of private law in which the Court is a party;
(b) That they refer to any of the persons referred to in this Agreement who, by reason of their position or function in relation to the Court, enjoy immunity, if they have not been renounced.
ARTICLE 32. ARRANGEMENT OF DIFFERENCES ON THE INTERPRETATION OR APPLICATION OF THIS AGREEMENT.
1. Any differences arising from the interpretation or application of this Agreement between two or more States Parties or between the Court and a State Party shall be resolved by consultation, negotiation or other agreed means of settlement.
2. The difference, if not resolved in accordance with paragraph 1 of this article within three months of the submission of a written request by one of the parties to it, shall be, at the request of either party, submitted to an arbitral tribunal in accordance with the procedure laid down in paragraphs 3 to 6 below.
3. The arbitral tribunal shall be composed of three arbitrators: one shall be elected for each party in the difference and the third, who shall act as president of the tribunal, shall be elected by the other two. If one of the parties has not appointed an arbitrator of the tribunal within two months of the appointment of an arbitrator by the other party, the arbitrator may request the President of the International Court of Justice to make such an appointment. In the event that the first two arbitrators do not agree on the appointment of the President of the Court within two months of their appointments, either party may ask the President of the International Court of Justice to do so. the appointment of the President of the Court.
4. Unless the parties to the dispute agree otherwise, the arbitral tribunal shall decide on its own procedure and the costs shall be borne by the parties in the proportion determined by it.
5. The arbitral tribunal, which shall take its decisions by a majority of votes, shall reach a decision on the difference in accordance with the provisions of this Agreement and the applicable rules of international law. The award of the arbitral tribunal shall be final and binding on the parties to the dispute.
6. The award of the arbitral tribunal shall be communicated to the parties in the difference, to the Registrar and to the Secretary-General.
ARTICLE 33. APPLICABILITY OF THIS AGREEMENT. This Agreement shall apply without prejudice to the relevant rules of international law, including international humanitarian law.
ARTICLE 34. SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL, OR ACCESSION.
1. This Agreement shall be open for signature by all States from 10 September 2002 until 30 June 2004 at the United Nations Headquarters in New York.
2. This Agreement is subject to the ratification, acceptance or approval of the signatory States. The instruments of ratification, acceptance or approval shall be deposited with the Secretary-General.
3. This Agreement shall be open for the accession of all States. The instruments of accession shall be deposited with the Secretary-General.
