Approves The Agreement On The Privileges And Immunities Of The International Criminal Court, Done At New York, 9 September 2002

Original Language Title: Aprova o Acordo sobre os Privilégios e Imunidades do Tribunal Penal Internacional, feito em Nova Iorque a 9 de Setembro de 2002

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277636a55354c5667755a47396a&fich=ppr59-X.doc&Inline=false

MOTION for a RESOLUTION paragraph 59/X recognizing the importance of the International Criminal Tribunal for combating impunity with regard to more serious crimes affecting the international community in your set; Whereas Portugal is a party to the Statute of the International Criminal Court and is committed to contribute to this international institution has the necessary conditions for the attainment of its aims in the territory of each State party; Considering also that, to this end, has completed the agreement on the privileges and immunities of the International Criminal Court, on 9 September 2002, and that Portugal signed the agreement on 10 December 2002; So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to Parliament the following: article 1 motion for a resolution Approving the agreement on the privileges and immunities of the International Criminal Court, done at New York on 9 September 2002, the text of which, in the authenticated version in English, and its translation into Portuguese language If published in the annex.

Article 2 Declaration at the time of the filing of your instrument of ratification, in accordance with article 34 of the agreement on the privileges and immunities of the International Criminal Court, the Portuguese Republic formulates the following statement: «under the agreement on the privileges and immunities of the International Criminal Court, Portugal declares that the persons referred to in article 23, who are nationals or who have permanent residence in Portugal , enjoy, in Portuguese territory, only the privileges and immunities referred to in that article.»

Seen and approved by the Council of Ministers of 6 June 2007 the Prime Minister and State Minister for Foreign Affairs the Minister of Parliamentary Affairs Minister Presidency AGREEMENT on the privileges and immunities of the INTERNATIONAL CRIMINAL COURT States parties to this agreement, whereas the Rome Statute of the International Criminal Court, adopted on 17 July 1998 , by the diplomatic Conference of Plenipotentiaries of the United Nations created the International Criminal Court with jurisdiction over the people responsible for more serious crimes affecting the international community in your set;

Whereas, under article 4 of the Rome Statute of the International Criminal Court has international legal personality and legal capacity necessary for the performance of their duties and to achieve its objectives;

Whereas, pursuant to article 48 of the Rome Statute, 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 pursuit of its objectives;

Agree as follows: article 1 definitions for the purposes of this agreement: (a) ")" Statute "means the Rome Statute of the International Criminal Court, adopted on 17 July 1998, by the Diplomatic Conference of Plenipotentiaries for the establishment of an International Criminal Court; b) "Court" means the International Criminal Tribunal created by 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 paragraph 4 of article 42 of the Statute; I) "Deputy Prosecutors" means the Deputy Prosecutors elected by the Assembly in accordance with paragraph 4 of article 42 of the Statute; j) "Secretary" means the Secretary elected by the Court pursuant to paragraph 4 of article 43 of the staff regulations; k) "Deputy Registrar" means the Deputy Registrar elected by the Court pursuant to paragraph 4 of article 43 of the staff regulations; l) "Counsel" means defence counsel and the legal representatives of the victims; m) "Secretary-General" means the Secretary-General of the United Nations; n) "Representatives of intergovernmental organizations", the Executive Directors of intergovernmental organizations, including officials who act on your behalf; o) "Vienna Convention" means the Vienna Convention on diplomatic relations of 18 April 1961; p) "rules of procedure", the rules of procedure adopted pursuant to article 51 of the Statute.

Article 2 legal status and juridical personality of the Court the Court shall have international legal personality and legal capacity necessary for the performance of its functions and achieve its objectives. He has, in particular, capacity to contract, to acquire and dispose of movable and immovable property and be a party to legal proceedings.

Article 3 General provisions on the 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 attainment of its objectives.

Article 4 inviolability of the premises of the Court the premises of the Court shall be inviolable.

Article 5 Flag, emblem and symbols the Court has the right to use your flag, emblem and symbols on its premises and on vehicles or other means of transportation used for official purposes.

Article 6 immunity of the Court, its property, funds and assets 1. The Court, its property, funds and assets, wherever they are and the person who owns, enjoy immunity from legal proceedings, except to the extent that the Court expressly renounces it in a particular case. It is understood however that the resignation cannot extend the implementing measures. 2. The property, funds and assets of the Court, regardless of where they are and the person who possesses, cannot be subject to search, seizure, requisition, loss to the State, expropriation or any other form of intervention arising from a measure Executive, administrative, judicial or legislative. 3. The property, funds and assets of the Court, regardless of where they are and the person who owns, are not subject to any restriction, regulation, control or moratorium, to the extent necessary for the performance of the functions of the Court.

Article 7 Inviolability of archives and documents the archives of the Court, as well as all kinds of papers and documents and material sent to and from the Court, that are in your possession or that you belong, shall be inviolable, regardless of where they are and the person who has. The term or the absence of such inviolability shall not affect protective measures that the Court may impose, in accordance with the Statute and the rules of procedure, 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 or other assets, as well as its operations and transactions shall be exempt from all direct taxes including, inter alia, income tax, capital tax and the collective income tax, as well as direct taxes levied by local and regional authorities. It is understood, however, that the Court should not ask exemption from taxes, in fact, constitute only the payment of a fixed fee due for the provision of public utility services, calculated on the basis of the number of services rendered and which can be specifically identified, described and itemized. 2. the Court is exempt from all customs duties, turnover tax on imports, as well as of all prohibitions and restrictions on importation or exportation in respect of publications of the Court and to articles imported or exported by it for your official use. 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 Refund of fees and/or taxes 1. The Court should not, in principle, asking for the exemption or fees and/or taxes included in the price of movable or immovable property and taxes paid for services rendered. However, whenever the Court make key acquisitions of property and goods or services for official use, about which concern or may relate fees and/or taxes which may be identified, States parties shall take the appropriate administrative measures to ensure the remission or refund of the amount of fees and/or taxes paid. 2. The goods purchased that have benefited from the exemption or of that refund may 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. Public utility services provided to the Court does not benefit from exemption or entitle to reimbursement.

Article 10 funds and relief from monetary restrictions


1. Without being subject to any kind of control, regulation or financial moratorium, the Court may in the course of their duties: the) Owning funds, currency of any kind or gold and moving accounts in any currency; b) freely Transfer their funds, gold or its currency your from one country to another, or within the same country, and convert any currency you possess another currency; c) Receive, possess, negotiate, transfer, convert bonds and other securities, or perform any other operations on them; (d)) the Court enjoys a treatment no less favourable than that accorded by the State party concerned to any intergovernmental organization or diplomatic mission with regard to the exchange rates applicable to their financial transactions. 2. In the exercise of the rights granted under paragraph 1, the Court shall take into account any comments made by any State party insofar as they consider power follow-through without sacrificing their own interests.

Article 11 facilities in respect of communications 1. For their official communications and correspondence, the Tribunal shall, in the territory of each State party, treatment no less favourable than that accorded by that State party to any intergovernmental organization or diplomatic mission in respect of priorities, rates and taxes applicable to mail and other forms of communication and correspondence. 2. The official correspondence of the Court or cannot be subject to any control. 3. The Court may use all appropriate means of communication, including electronic media, and have the right to use codes or numbers in your communications and official correspondence. Communications and official correspondence of the Court shall be inviolable. 4. the Court has the right to send and receive correspondence and other materials or communications by courier or in sealed bag, they enjoy the same privileges, immunities and facilities as diplomatic couriers and bags. 5. the Court has the right to use radio equipment and other telecommunications equipment on frequencies allocated by States parties in accordance with their national procedures. States parties should, where possible, assign to the Court the frequencies that he has requested.

Article 12 the Court in exercise of functions outside the headquarters where, in accordance with article 3, paragraph 3, of the Statute, considers it desirable to meet somewhere else not in your seat in the Hague, in the Netherlands, the Court may conclude an agreement with the State concerned regarding the provision of adequate facilities for the performance of their functions.

Article 13 representatives of the States participating in the Assembly and its subsidiary organs and representatives of intergovernmental organizations 1. The representatives of the States parties to the Statute attending meetings of the Assembly and its subsidiary organs, representatives of other States that may attend the meetings of the Assembly and of its subsidiary bodies as observers, in accordance with article 112, paragraph 1 of the Statute, and representatives of States and of intergovernmental organizations invited to attend the meetings of the Assembly and its subsidiary bodies , enjoy, in the exercise of their official functions and during the journeys to and from the place of meeting, the following privileges and immunities: immunity from arrest and detention); b) immunity from legal proceedings in respect of declarations, oral or written, and all acts performed by them in your official capacity. This immunity shall continue to be granted, although already have ceased their functions as representatives; c) Inviolability of all papers and documents; d) right to use codes or ciphers, to receive papers and documents or correspondence by courier or in sealed bag and receive and send electronic messages; and exemption from immigration restrictions), and foreign registration formalities and of military service obligations in the State party in which they are visiting or in transit in the course of their duties; f) the same facilities as regards monetary and exchange restrictions that accorded to representatives of foreign Governments on temporary official mission; (g)) the same immunities and facilities in respect of your personal baggage that granted to diplomatic agents under the Vienna Convention; h) the same protection and the same facilities that the repatriation granted to diplomatic agents in time of international crisis under the Vienna Convention; I) Any other privileges, immunities and facilities as are not inconsistent with the above provisions, that enjoy diplomatic agents, except for the benefit of the exemption from customs duties on imported goods (other than those which are part of your personal baggage), or consumption tax on sales. 2. when placing a tax depends on the residence, periods during which the representatives referred to in paragraph 1, participating in the meetings of the Assembly and its subsidiary bodies, are in a State party for the performance of their duties shall not be considered as periods of residence. 3. The provisions of paragraphs 1 and 2 of this article shall not apply between a representative and the authorities of the State party of which he is a national or of the State party or intergovernmental organization of which is or has been a representative.

Article 14 representatives of the States participating in the proceedings before the Court the representatives of the States participating in the proceedings before Court shall enjoy, in the exercise of their official functions and during the journeys to and from the place where the processes, of 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 enjoy, in the exercise or performance of their functions in connection with the activity of the Court, the same privileges and immunities that granted to heads of diplomatic missions, continue to enjoy immunity from jurisdiction in respect of their statements, oral or written, and all acts performed by them in your official capacity even after the expiry of the period of performance of their duties. 2. The judges, the Prosecutor, the Deputy Prosecutors, the Registrar, as well as members of their households shall enjoy all facilities for leaving the country where they are located, as well as in and out of the country in which the Court has your thirst. The judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall enjoy, in the course of trips in the performance of their duties, in all States parties that may have to cross, the same privileges, immunities and facilities granted by States parties to diplomatic agents in similar circumstances under the Vienna Convention. 3. where to stay at the disposal of the Court reside in a State party other than that of which they are nationals or in which they reside permanently, a judge, the Prosecutor, a Deputy Prosecutor or the Registrar shall enjoy, during the period of residence, along with the members of your household, all the diplomatic privileges, immunities and facilities. 4. The judges, the Prosecutor, the Deputy Prosecutors, the Registrar, as well as members of their households shall enjoy the same facilities that the repatriation granted to diplomatic agents in time of international crisis under the Vienna Convention. 5. The numbers 1 and 4 of this article shall apply to judges of the Court even after the expiry of the period of performance of their duties, if they continue to perform their duties in accordance with paragraph 10 of article 36 of the Statute. 6. The judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall be exempt from taxation on the salaries, emoluments and allowances they receive from the Court. Whenever placing under a tax depends on the residence, periods during which the judges, the Prosecutor, the Deputy Prosecutors and the Registrar are present in a State party for the performance of their duties shall not be considered as periods of residence for purposes of taxation. States parties may take these salaries, emoluments and consideration for the purposes of determining the tax rate applicable to income from other sources. 7. States parties are not obliged to grant exemption from tax on income for 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 Secretariat


1. The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Secretariat shall enjoy, to the extent necessary to ensure the independent performance of their functions, the privileges, immunities and facilities: a) immunity from arrest or detention and from seizure of personal baggage your; b) immunity from legal proceedings in respect of declarations, oral or written, and all acts performed by them in your official capacity. This immunity shall continue to be granted even after they have ceased activity in your Court; c) Inviolability of all papers and official documents or any type of official material; d) exemption from taxes on salaries, emoluments and allowances they receive from the Court. States parties may take these salaries, emoluments and consideration for the purposes of determining the tax rate applicable to income from other sources; and) exemption from military service obligations; f) exemption for yourself and members of your household from immigration restrictions and aliens registration formalities; g) exemption from inspection in respect of personal baggage, unless there are serious grounds to believe that it contains articles whose import or export is prohibited by law or is subject to the rules on the placing in quarantine in the State party concerned; in this case, the inspection must be carried out in the presence of the competent official. h) the same privileges in respect of monetary and exchange restrictions that granted to officials of equivalent category, belonging to diplomatic missions accredited to the State party concerned; I) the same repatriation facilities for you and members of your household to those granted to diplomatic agents in time of international crisis under the Vienna Convention; j) the right to import their furniture and personal effects, free of import duties and taxes, on taking up duty in the country concerned, with the exception of the rates which constitute remuneration for services, and the re-export, free of import duties and taxes, to your country of permanent residence. 2. States parties are not obliged to grant exemption from tax on income for pensions or annuities paid to former Deputy Secretaries, staff members of the Office of the Prosecutor, members of the Secretariat staff and their dependents.

Article 17 Personnel recruited locally and not otherwise covered by the present Agreement personnel recruited by the Court locally and not otherwise covered by this agreement enjoys immunity from jurisdiction in respect of declarations, oral or written, and all acts for he practised in your official capacity in court. In relation to activities carried out on behalf of the Court, that immunity should be granted even after the expiry of the period of performance of their duties in court. During the course of their duties in court, these people also benefit from the facilities that are necessary for the independent performance of the functions assigned to him by the Court.

Article 18 Lawyers and employees of the defence counsel 1. Lawyers enjoy, to the extent necessary to ensure the independent performance of their functions, including during journeys made in the performance of their duties and upon presentation of the certificate referred to in paragraph 2 of this article, the privileges, immunities and facilities: a) immunity from arrest or detention and from seizure of personal baggage your; b) immunity from legal proceedings in respect of declarations, oral or written, and all acts performed by them in your official capacity. This immunity shall continue to be granted even after the expiry of the period of performance of their duties; c) Inviolability of all papers and documents and material relating to the exercise of their duties; d) for the purposes of communications made in the performance of their duties of lawyer, the right to receive and send all kinds of papers and documents; and exemption from restrictions on immigration) and registration of aliens; f) exemption from inspection in respect of personal baggage, unless there are serious grounds to believe that it contains articles whose import or export is prohibited by law or is subject to the rules on the placing in quarantine in the State party concerned; in this case, the inspection must be carried out in the presence of the lawyer concerned; g) the same privileges in respect of monetary and exchange restrictions that granted to representatives of foreign Governments on temporary official mission; h) the same repatriation facilities as those accorded to diplomatic agents in time of international crisis under the Vienna Convention; 2. After your appointment in accordance with the Statute, the rules of procedure and the rules of procedure of the Court, the lawyer receives a certificate, signed by the Secretary and valid for the period necessary for the performance of their duties. If the power or mandate terminated before the term of validity of the certificate, the latter is removed. 3. when placing a tax depends on the residence, periods during which lawyers are in a State party for the performance of their duties shall not be considered as periods of residence. 4. The provisions of this article shall apply mutatis mutandis to employees of defense attorney under rule 22 of the rules of procedure.

Article 19 Witnesses 1. Witnesses enjoy, to the extent necessary to ensure your appearance before the Court for the provision of testimony, including during journeys made with a view to your appearance before the Court and upon presentation of the document referred to in paragraph 2 of this article, the privileges, immunities and facilities: a) immunity from arrest or detention; b) without prejudice to subparagraph (d)) of this article, immunity from seizure of your personal baggage, unless there are serious grounds to believe that it contains articles whose import or export is prohibited by law or is subject to the rules on the placing in quarantine in the State party concerned; c) immunity from jurisdiction in respect of declarations, oral or written, and all acts performed by them during your testimony. This immunity shall continue to be granted even after they have already appeared before the Court and then have provided testimony; d) Inviolability of all papers and documents and material concerning your statement; and) for the purpose of communicating with the Court and lawyer about your statement, the right to receive and send all kinds of papers and documents; f) exemption from immigration restrictions and aliens registration formalities whenever travelling to testify; g) the same repatriation facilities as those accorded to diplomatic agents in time of international crisis under the Vienna Convention. 2. the Court delivers to witnesses who enjoy the privileges, immunities and facilities referred to in paragraph 1 of this article, a document stating that your attendance is requested by him and which is in the period during which it is required.

Article 20 Victims 1. The victims, who participate in the process in accordance with rules 89 to 91 of the rules of procedure, enjoy, to the extent necessary to ensure your appearance before the Court, including during journeys made with a view to your appearance before the Court and upon presentation of the document referred to in paragraph 2 of this article, the privileges , immunities and facilities: a) immunity from arrest or detention; (b) immunity from seizure of your) personal baggage, unless there are serious grounds to believe that it contains articles whose import or export is prohibited by law or is subject to the rules on the placing in quarantine in the State party concerned; c) immunity from jurisdiction in respect of declarations, oral or written, and all acts performed by them at the time of your appearance before the Court. This immunity shall continue to be granted even after they have already appeared before the Court; d) exemption from immigration restrictions and aliens registration formalities for travel to and from the Court for him to attend. 2. the Court delivery to victims participating in the proceedings in accordance with rules 89 to 91 of the rules of procedure, and who enjoy the privileges, immunities and facilities referred to in paragraph 1 of this article, a document certifying your participation in the processes of the Court and stating the period of duration of participation.

Article 21 Experts


1. Experts who are in the exercise of functions assigned by the Court shall enjoy, to the extent necessary to ensure the independent performance of their functions, including for travel in the performance of their duties and on presentation of the document referred to in paragraph 2 of this article, the privileges, immunities and facilities: a) immunity from arrest or detention and from seizure of personal baggage your; b) immunity from legal proceedings in respect of declarations, oral or written, and all acts performed by them in the exercise of the functions assigned to him by the Court. This immunity shall continue to be granted even after the expiry of the period of performance of their duties; c) Inviolability of all papers and documents and material relating to the functions assigned to him by the Court; d) for the purposes of communication with the Court, the right to receive and send by courier or in sealed bag all kinds of papers and documents and material relating to its functions; and) exemption from inspection in respect of personal baggage, unless there are serious grounds to believe that it contains articles whose import or export is prohibited by law or is subject to the rules on the placing in quarantine in the State party concerned; in this case, the inspection must be carried out in the presence of the competent expert; f) the same privileges in respect of monetary and exchange restrictions that granted to representatives of foreign Governments on temporary official mission; g) the same repatriation facilities as those accorded to diplomatic agents in time of international crisis under the Vienna Convention; h) exemption from immigration restrictions and aliens registration formalities in relation to its functions as defined in the document referred to in paragraph 2 of this article. 2. the Court delivers to the experts who enjoy the privileges, immunities and facilities referred to in paragraph 1 of this article, a document stating that they meet in the performance of tasks assigned by the Court and which is in the period of exercise of these functions.

Article 22 Other people whose appearance at the seat of the Court is required 1. Other people whose appearance at the seat of the Court is required to enjoy, to the extent necessary to ensure your attendance at the seat of the Court, including during journeys to this end and on presentation of the document referred to in paragraph 2 of this article, the privileges, immunities and facilities provided for in article 20, paragraph 1, points (a) to (d))) , of this agreement. 2. the Court delivers these people, whose attendance at the seat of the Court is required, a document stating that your presence in this seat is required and which is in the period during which it is required.

Article 23 Nationals and permanent residents any State may, when signing, ratifying, accepting, approving or adheres to this agreement, declare that:) without prejudice to article 15, paragraph 6, and article 16, paragraph 1, point (d)), the persons referred to in articles 15, 16, 18, 19 and 21 shall enjoy in the territory of the State party of which they are nationals or permanent residents, and only to the extent necessary to ensure the independent performance of their functions, your appearance or your testimony before the Court, the following privileges and immunities: i) immunity from arrest and detention; II) immunity from jurisdiction in respect of their statements, oral or written, and all acts performed by them in the exercise of the functions assigned to him by the Court or upon your arrival or during your testimony. This immunity shall continue to be granted even after they have ceased to exercise their functions in court or even after they have already appeared or your testimony before the same if find ended; III) Inviolability of all papers or documents and material relating to the exercise of their duties in court, your appearance or your testimony before the same; IV) for the purposes of communication with the Court and, in the case of the persons referred to in article 19, with your attorney about your statement, the right to receive and send all kinds of roles. b) the persons referred to in articles 20 and 22 only enjoy, in the territory of the State party of which they are nationals or permanent residents, and only to the extent necessary to ensure your appearance before the Court, the following privileges and immunities: i) immunity from arrest and detention; II) immunity from legal proceedings in respect of declarations, oral or written, and all acts performed by them at the time of your appearance before the Court. This immunity shall continue to be granted even after they have already appeared before the Court.

Article 24 cooperation with the authorities of States parties 1. The Court should cooperate with the competent authorities of the States parties in order to facilitate the application of their laws and to prevent any abuses that might take place 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 have a duty to respect the laws and regulations of the State party in whose territory they are or where they can use in the exercise of their functions in connection with the activities of the Court. They also have the obligation not to interfere in the internal affairs of that State.

Article 25 Waiver of privileges and immunities provided for in articles 13 and 14 the privileges and immunities provided for in articles 13 and 14 of this agreement are granted to representatives of States and intergovernmental organizations to safeguard your independence in carrying out their duties related to the work of the Assembly, its subsidiary bodies and the Court, and not for your personal benefit. Consequently, States parties have not only the right but also the duty to withdraw the privileges and immunities attributed their representatives whenever, in the opinion of those States, they may constitute an obstacle to justice and provided that they can be lifted without prejudice to the purpose for which they were granted. The States that are not party to this agreement and intergovernmental organizations are granted the privileges and immunities provided for in articles 13 and 14 of this agreement, since they are about the same obligation.

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 good administration of Justice and not for the personal benefit of the individuals themselves. Such privileges and immunities may be raised in accordance with paragraph 5 of article 48 of the Statute and the provisions of this article, and shall be in all specific cases where it can be an obstacle to justice and provided that they can be lifted without prejudice to the purpose for which they were granted. 2. Privileges and immunities can be raised in the case: a) a judge or the Prosecutor, by decision taken by absolute majority of the judges; b) of the Secretary, by the Presidency; (c)) of the Deputy Prosecutors and staff of the Office of the Prosecutor, by the Prosecutor; (d)) of the Assistant Secretary and the Secretariat staff, by the Registrar; e) referred to in article 17 personnel, the head of the organ of the Court employing such personnel; f) lawyer and employees of the defence counsel, by the Presidency; g) of witnesses and victims, by the Presidency; h) experts, the head of the organ of the Court which appointed them; I) Of other people whose appearance at the seat of the Court is required, by the Presidency.

Article 27 social Security in relation to the services provided to the Court, the persons referred to in articles 15, 16 and 17 shall be exempt from all compulsory contributions to national social security systems, from the date of the Court's creation of a social security system.

Article 28 Notification the Secretary shall communicate periodically to all States parties the categories and names of judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar, the staff of the Office of the Prosecutor, the staff of the Secretariat and of lawyers which apply the provisions of this agreement. He communicates equally to all States parties any amendment relating to the status of these people.

Article 29 laissez-passer the States parties recognize and accept as valid travel titles the United Nations laissez-passer or 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 Secretariat.

Article 30 Visas applications for visas or entry or exit permits, where required, when presented by holders of United Nations laissez-passer or travel document issued by the Court, as well as by the persons referred to in articles 18 to 22 of this agreement, accompanied by a certificate issued by the court stating that travel on behalf of the Court should be dealt with by States parties as soon as possible and are free.

Article 31 settlement of disputes with third parties


Without prejudice to the powers and responsibilities conferred on the Assembly in the Statute, the Court shall take the appropriate measures in order to resolve emerging Conflicts: a) contracts and other private law in which the Tribunal is a party; b) Conflicts involving any of the persons referred to in this agreement and that, because of the positions or functions engaged in court, enjoys immunity, if such immunity has not been lifted.

Article 31 settlement of disputes concerning the interpretation or application of this agreement 1. Any dispute between two or more States parties or between the Court and a State party, concerning the interpretation or application of this agreement, shall be settled by consultation, negotiation or other agreed method. 2. If the dispute is not resolved in accordance with paragraph 1 of this article, within three months from the date of the written request of one of the parties to the dispute, shall, at the request of either Contracting Party, be submitted to an arbitral tribunal in accordance with the procedure laid down in paragraphs 3 to 6 of this article. 3. the arbitral tribunal shall consist of three arbitrators: each party to the dispute choose one and the third, who shall preside over the Court is chosen by the other two arbitrators. If one of the parties has not appointed an arbitrator within two months of the appointment of an arbitrator by the other party, at the request of the latter, the President of the International Court of Justice shall make such appointment. If the first two arbitrators cannot reach an agreement on the appointment of the President of the tribunal within two months following the date of their appointments, at the request of either party, that is appointed by the President of the International Court of Justice. 4. Unless otherwise agreed by the parties to the dispute, the Court establishes the regulation itself and your expenses are borne by the parties as determined by the Court. 5. the arbitral tribunal, which shall act by a majority of votes, shall take a decision on the dispute in accordance with the provisions of this agreement and the applicable rules of international law. The decision of the arbitral tribunal is final and binding on the parties to the dispute. 6. The decision of the arbitral tribunal is communicated to the parties to the dispute, to the Secretary and to the Secretary-General.

Article 33 Applicability of this agreement this Agreement shall apply without prejudice to the fundamental norms of international law, including international humanitarian law.

Article 34 Signature, ratification, acceptance, approval or accession 1. This agreement is open for signature to all States between September 10 2002 and 30 June 2004, at United Nations Headquarters in New York. 2. this agreement is 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 be open to accession by all States. The instruments of accession shall be deposited with the Secretary-General.

Article 35 entry into force 1. This 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 which ratifies, accepts, approves or accedes to this agreement after having been deposited the tenth instrument of ratification, acceptance, approval or accession, the agreement shall enter into force on the thirtieth day following the date of deposit with the Secretary-General its instrument of ratification, acceptance, approval or accession.

Article 36 Amendments 1. Any State party may propose amendments to this agreement by written notification addressed to the Secretariat of the Assembly. The Secretariat shall forward this notification to all States parties and the Bureau of the Assembly, requesting that it be communicated if they favour the convening of a review Conference of the States parties for consideration of the proposal. 2. If, within three months from the date of communication by the Secretariat of the Assembly, the majority of the States parties express to the Secretariat to your agreement with the convening of a review Conference, the same calls on the Bureau of the Assembly to convene such a Conference for the ordinary or extraordinary meeting, following the Assembly. 3. For an amendment to be adopted without an agreement has been reached, requires a two-thirds majority of States parties present and voting, provided that is present most of the States parties. 4. the Bureau of the Assembly shall notify the Secretary-General of any amendment adopted by the States parties at a review Conference. The Secretary-General shall communicate any amendment adopted at a review conference to all States parties and signatory States. 5. An amendment shall enter into force for those States parties that have ratified or acceded to it 60 days after the date of deposit by two thirds of the States which were Parties at the date of adoption of the amendment, of the 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, this amendment shall enter into force 60 days after the deposit, by the same State party, of its instrument of ratification or acceptance. 7. A State which becomes a party to this agreement after the entry into force of an amendment in accordance with paragraph 5, shall, unless a different intention, be considered: a) a party to this agreement, as amended; and (b)) a party to the agreement not changed with respect to any State party not bound by the amendment.

Article 37 Denunciation 1. A State party may denounce this agreement by written notification addressed to the Secretary-General. The denunciation shall take effect one year after the date of receipt of the notification, unless this provides for a later date. 2. The complaint does not in any way affect the duty of any State party to fulfil all the obligations laid down in this agreement to which it is subject under international law independently of this agreement.

Article 38 Depositary the Secretary-General shall be the depositary of this agreement.

Article 39 authentic texts the original of this agreement, whose text, in Arabic, Chinese, English, French, Russian and Spanish, are equally authentic, shall be deposited with the Secretary-General.

In WITNESS WHEREOF, the undersigned, being duly authorised thereto, have signed this agreement.