MOTION FOR RESOLUTION No. 59 /X

Recognizing the importance of the International Criminal Court for combating the

impunity with regard to the most serious crimes affecting the

international community as a whole;

Considering that Portugal is a party to the Statute of the International Criminal Court and is

committed to contributing to the fact that this international institution posits the conditions

necessary for the pursuit of their objectives in the territory of each State Party;

Considering also that, for this purpose, the Agreement on Privileges has been concluded

and Immunities of the International Criminal Court, on September 9, 2002, and which

Portugal signed the said agreement on December 10, 2002;

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following motion for a resolution:

Article 1.

Approval

To approve the Agreement on the Privileges and Immunities of the International Criminal Court,

made in New York on September 9, 2002, the text of which, in the authenticated version in

english language, and their respective translation in Portuguese language, is published in annex.

Article 2.

Statement

At the time of the deposit of its instrument of ratification, in accordance with Article 34 of the

Agreement on the Privileges and Immunities of the International Criminal Court, the Republic

Portuguese formulates the following statement:

" Within the framework of the Agreement on the Privileges and Immunities of the Criminal Court

International, Portugal declares that the persons referred to in Article 23, which are

national or have permanent residence in Portugal, enjoy, in the territory

portuguese, only of the privileges and immunities referred to in the same article. "

Seen and approved in Council of Ministers of June 6, 2007

The Prime Minister

The Minister of State and Foreign Affairs

The Minister of the Presidency

The Minister of Parliamentary Affairs

AGREEMENT ON THE PRIVILEGES AND IMMUNITIES OF THE CRIMINAL COURT

INTERNATIONAL

The States Parties to this Agreement,

Considering that the Rome Statute of the International Criminal Court, adopted in 17

of July 1998, by the Diplomatic Conference of the Plenipotentiaries of Nations

United, has set up the International Criminal Court with jurisdiction over people

responsible for the most serious crimes affecting the international community

as a whole;

Considering that, pursuant to Article 4 of the Rome Statute, the Criminal Court

International has international legal personality and the necessary legal capacity

to the exercise of its functions and to the pursuit of its objectives;

Considering that, pursuant to Article 48º of the Rome Statute, the Criminal Court

International goza, on the territory of each State Party in the Rome Statute, of the

privileges and immunities necessary for the pursuit of its objectives;

They agree on the following:

Article 1.

Definitions

For the purposes of this Agreement, it is understood by:

a) "Statute", the Rome Statute of the International Criminal Court, adopted in

July 17, 1998, by the Diplomatic Conference of Plenipotentiaries for the

institution of an International Criminal Court;

(b) "Court", the International Criminal Court established by the Statute;

(c) "States Parties", the States Parties to this Agreement;

d) "Representatives of the States Parties", all delegates, deputies adjoined,

consultants, technical experts and secretaries of delegations;

(e) "Assembly", the Assembly of States Parties to the Statute;

(f) "Judges", the judges of the Court;

g) "Presidency", the body composed of the president and by the 1º and 2º vice-presidents

of the Court;

h) "Prosecutor", the prosecutor elected by the Assembly in accordance with paragraph 4 of the article

42. of the Staff Regulations;

i) "Assistant Prosecutors", the Assistant Prosecutors elected by the Assembly in the

terms of Article 42 (4) of the Staff Regulations;

j) "Secretary", the Secretary-elect by the Court in accordance with Article 43 (4)

of the Statute;

k) "Deputy Secretary", the Deputy Secretary-elect by the Court pursuant to the para.

4 of Article 43 of the Staff Regulations;

(l) "Lawyer", the defence lawyer and the legal representatives of the victims;

m) "Secretary-General", the Secretary-General of the United Nations;

n) "Representatives of intergovernmental organizations", the Executive Directors

of the intergovernmental organizations, including the officials acting

on your behalf;

o) "Vienna Convention", the Vienna Convention on Diplomatic Relations, of

April 18, 1961;

p) "Rules of Procedure", the Rules of Procedure adopted in the terms

of Article 51 of the Staff Regulations.

Article 2.

Legal status and legal personality of the Court

The Court enjoys international legal personality and legal capacity

necessary to the performance of their duties and to the pursuit of their objectives. He

has, in particular, capacity to hire, acquire and dispose of real estate and furniture

and yet to be in judgment.

Article 3.

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

necessary for the pursuit of their objectives.

Article 4.

Inviolability of the Tribunal's premises

The premises of the Court are inviolable.

Article 5.

Flag, emblem and symbols

The Court has the right to use its flag, emblem and symbols in its

facilities and in vehicles or other means of transport used for official purposes.

Article 6.

The immunity of the Court, of its assets, funds and assets

1. The Tribunal, its assets, funds and assets, regardless of where it is

find and of the person who possessions them, enjoy immunity from jurisdiction,

except to the extent that the Tribunal has expressly waived in a case

particular. It is understood however that the waiver may not extend to measures of

execution.

2. The goods, funds and assets of the Tribunal, regardless of where it is

find and of the person who posits them, cannot be the subject of search,

apprehension, requisition, loss in favour of the State, expropriation or of any

another form of intervention arising from an executive, administrative measure,

judicial or legislative.

3. The goods, funds and assets of the Tribunal, regardless of where it is

find and of the person who possessions them, are not the subject of any kind of

restriction, regulation, control or moratorium, to the extent that this is

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 manner of papers and documents and the material

sent from and to the Court, which are in your possession or that belong to you, are

inviolable, regardless of where they find themselves and the person who possessions them.

The term or the absence of such inviolability does not affect the safeguard measures that the

Court can enact, in accordance with the Statute and the Rules of Procedure,

concerning the documents and the material made available or used by the

Court.

Article 8.

Exemption from taxes, customs duties and restrictions on import or export

1. The Tribunal, its assets, income or other goods, as well as its

operations and transactions, are exempt from all direct taxes including,

inter alia , the tax on the singular income, the capital tax and the

Collective income tax as well as direct taxes collected

by local and regional authorities. It is understood however that the Tribunal does not

should apply for tax exemption which, in reality, constitute only the

payment of a fixed fee due for the provision of utility services

public, calculated as a function of the number of services provided and which may be

specifically identified, described and discriminated against.

2. The Tribunal is exempt from all customs duties, taxes on the volume

of business on import, as well as of all prohibitions and restrictions on

import or export in respect of the Tribunal's publications and articles

by it imported or exported for its official use.

3. The goods imported or purchased under that exemption cannot be

sold or otherwise yielded in the territory of a State Party, save in the

conditions agreed with the competent authorities of that State Party.

Article 9.

Refund of fees and / or taxes

1. The Tribunal should not, in principle, ask for the exemption or the fees and / or the

taxes included in the price of movable or immovable property or taxes

paid for services provided. However, whenever the Tribunal conducts acquisitions

important of goods and goods or services for official use, on which

focus or may focus on fees and / or taxes liable to be identified,

the States Parties take appropriate administrative measures to ensure the

waiver of payment or refund of the amount of fees and / or taxes

paid.

2. The purchased goods that have benefited from the said exemption or from the said

refund may not be sold or otherwise yielded, save in the

conditions fixed by the State Party which granted the exemption or the refund. The

public utility services provided to the Tribunal do not benefit from exemption

nor do they give a refund.

Article 10.

Funds and exemption from monetary restrictions

1. Without being subject to any kind of control, regulation or moratorium of

financial character, the Tribunal may in the exercise of its functions:

(a) Possess funds, foreign exchange of any kind or gold and move accounts

in any currency;

b) freely transfer your funds, your gold or the foreign exchange of a

country to another, or within the breast of a same country, and convert any

currency that possesses in another currency;

c) Receive, own, negotiate, transfer, convert obligations and other

securities or carry out any other operations on the

same;

d) The Tribunal benefits from a treatment no less favourable than the

granted by the State Party in question to any organization

intergovernmental or diplomatic mission with regard to the rates of

exchange applicable to your financial transactions.

2. In the exercise of the rights conferred upon it pursuant to paragraph 1, the Tribunal

should give due consideration to any comments made by

any State Party, in so far as it considers it to be able to follow up

without prejudice to their own interests.

Article 11.

Facilities in the matter of communications

1. For your official communications and correspondence, the Court benefits, in the

territory of each State Party, of a treatment not less favourable than the

granted by that State Party to any intergovernmental organization or

diplomatic mission with regard to the applicable priorities, tariffs and fees

to the mail and too many forms of communication and correspondence.

2. Official communications or correspondence of the Tribunal cannot be

object of any control.

3. The Tribunal may use all appropriate means of communication, including

the electronic means of communication, and has the right to use codes or

ciphers in your official communications and correspondence. The communications and

official correspondence of the Court are inviolable.

4. The Tribunal has the right to send and receive correspondence and other material or

communications by mail or in sealed suitcase, which enjoy the same

privileges, immunities and facilities that the post office and diplomatic suitcases.

5. The Tribunal has the right to use radio equipment and other equipment

of telecommunications at the frequencies assigned by the States Parties, in

compliance with the respective national procedures. The States Parties

should, as far as possible, assign to the Tribunal the frequencies that it has

requested.

Article 12.

The Court in exercise of functions outside the headquarters

Where, in accordance with Article 3 (3) of the Staff Regulations, consider convenient

meet in another place other than at its head office in The Hague, the Netherlands, the Court may

enter into an agreement with the State concerned regarding the provision of facilities

appropriate to the exercise of their duties.

Article 13.

Representatives of the participating States in the Assembly and its bodies

subsidiary and representatives of the intergovernmental organizations

1. The representatives of States Parties to the Staff Regulations attending the meetings of the

Assembly and its subsidiary bodies, the representatives of other States

that they can attend the meetings of the Assembly and its subsidiary bodies, in the

quality of observers, pursuant to Article 112 (1) of the Statute, and the

representatives of the States and the invited intergovernmental organizations

to participate in the meetings of the Assembly and its subsidiary bodies,

shall enjoy, in the performance of their official duties and upon the dispositions to and

of the meeting place, of the following privileges and immunities:

a) Immunity of arrest and detention;

b) Immunity of jurisdiction with respect to statements, oral or written, and

to all the acts by them practiced in their official capacity. This

immunity should continue to be granted to them, even if they already have

cessation of their duties of representatives;

c) Inviolability of all kinds of papers and documents;

d) Right to use codes or ciphers, receive papers and documents or

correspondence by mail or in sealed suitcase and receive and send

electronic messages;

(e) Exemption from restrictions on immigration, and formalities for registration of

foreigners and military service obligations in the State Party in which if

find them on a visit or in transit in the exercise of their duties;

f) The same facilities with regard to monetary restrictions and

currency exchange that granted them to the representatives of foreign governments

on temporary official mission;

g) The same immunities and facilities with respect to your baggage

personnel who granted them to the diplomatic agents under the

Convention of Vienna;

h) The same protection and the same repatriation facilities as the

granted to diplomatic agents in time of international crisis to the

shelter from the Vienna Convention;

i) Any other privileges, immunities and facilities that are not

incompatible with the above provisions, of which they enjoy the agents

diplomatic, except the benefit of the exemption from customs duties on

imported goods (others other than those that are part of your luggage

personal), from taxes on consumption or on sales.

2. Where the subjection to a tax depends on the residence, the periods during

which the representatives referred to in paragraph 1, who participate in the meetings of the

Assembly and its subsidiary bodies, find themselves in a State Party to

the exercise of their duties are not 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 national or of the

State Party or of the intergovernmental organization of which it is or has been

representative.

Article 14.

Representatives of the States participating in the proceedings brought before the

Court

The representatives of the States participating in the proceedings brought before

Court shall enjoy, in the exercise of its official functions and upon the displacements to

and of the place where the processes, the privileges and immunities referred to in the article arise

13.

Article 15.

Judges, Prosecutor, Deputy Prosecutors and Secretary

1. The judges, the prosecutor, the Assistant Attorneys and the Registrar shall enjoy, in the

exercise or because of the exercise of their duties in the scope of the activity of the

Court, of the same privileges and immunities as those granted to the Chiefs

of diplomatic missions, continuing to enjoy immunity from jurisdiction

regarding their statements, oral or written, and to all acts by them

practiced in its official quality even after the term of the exercise period

of his duties.

2. The judges, the prosecutor, the Assistant Prosecutors, the Registrar, as well as the

members of their households enjoy all the facilities to leave

of the country where they are located, as well as to enter and leave the country where the Court

has its headquarters. The judges, the prosecutor, the Assistant Attorneys and the Secretary

enjoy, in the course of the travels carried out in the performance of their duties, in

all States Parties that may have to cross, from the same privileges,

immunities and facilities that those granted by States Parties to agents

diplomatic, under identical circumstances, by virtue of the Vienna Convention.

3. Where it is to remain at the disposal of the Court to reside in a State

Part other that not the one from which they are national or in which they reside

permanently, a judge, the prosecutor, an adjunct prosecutor or the secretary

enjoy, during the period of residence, together with the members of your

family aggregate, of all privileges, immunities and facilities

diplomatic.

4. The judges, the prosecutor, the Assistant Prosecutors, the Registrar, as well as the

members of their households benefit from the same facilities as

repatriation that granted them to diplomatic agents in time of crisis

international under the Vienna Convention.

5. The numbers 1 and 4 of this article shall apply to the judges of the Court even after

the term of the period of exercise of its functions, if they continue to perform

its functions in accordance with Article 36 (10) of the Statute.

6. The judges, the prosecutor, the Assistant Attorneys and the Registrar are exempt from the

taxes that focus on the maturities, emoluments and subsidies that

receive from the Court. Where the subjection to a tax depends on the

residence, the periods during which the judges, the prosecutor, the procurators

adjoining and the Registrar find themselves in a State Party for the exercise of their

functions are not considered as periods of residence for the purposes of

taxation. The States Parties may take into account such maturities,

emoluments and subsidies for the purposes of determining the tax rate

applicable to income from other sources.

7. States Parties shall not be required to grant exemption from the tax on the

yield with respect to pensions or annuities paid to former judges,

prosecutors and secretaries and their dependents.

Article 16.

Deputy Secretary, staff of the Office of the Prosecutor's Office and staff of the Registry

1. The Deputy Secretary, the staff of the Office of the Prosecutor and the staff of the Registry

enjoy, to the extent that this is necessary to ensure performance

independent of its functions, privileges, immunities and the following facilities:

a) Immunity of arrest or detention and seizure of your personal baggage;

b) Immunity of jurisdiction with respect to statements, oral or written, and to all

the acts by them practiced in their official capacity. This immunity should

continue to be granted them even after they have ceased their activity

in the Court;

c) Inviolability of all kinds of papers and official documents or of all kind

of official material;

(d) Exemption from taxes focusing on maturities, emoluments and

grants they receive from the Court. The States Parties may have in

consideration of these maturities, emoluments and subsidies for the purposes of

determination of the tax rate applicable to income from

other sources;

(e) Exemption from military service obligations;

f) Exemption for you and the members of your household from restrictions to

immigration and formalities of registration of foreigners;

(g) Exemption from inspection in relation to personal baggage, unless there are grounds

serious to believe that the same contains objects whose import or export is

prohibited by law or is subject to the regulations on placement in

quarantine in the State Party concerned; in that case, the inspection is to be done at the

presence of the competent employee.

h) The same privileges in respect of monetary and foreign exchange restrictions that the

granted to employees, of equivalent category, belonging to missions

diplomatic accredited to the State Party in question;

i) The same repatriation facilities for you and the members of your

family aggregate that granted them to diplomatic agents in time of crisis

international under the Vienna Convention;

j) The right to import furniture and personal property, with franchise of rights and

fees, on the occasion of the commencement of duties in the country concerned, with the exception of

fees that constitute remuneration for services, and to re-export them, with franchise

of rights and fees, for your country of permanent residence.

2. States Parties shall not be required to grant exemption from the tax on the

yield with respect to pensions or annuities paid to former secretaries

adjoining, staff members of the Prosecutor's Office, members of the staff of the

Secretaria and their dependents.

Article 17.

Personnel recruited locally and who are not otherwise covered by the

this Agreement

Staff recruited locally by the Court and are otherwise not otherwise

covered by this Agreement shall enjoy immunity from jurisdiction in respect of

statements, oral or written, and to all acts by him practiced in his capacity

officer in the Court. In relation to the activities carried out on behalf of the Court, that

immunity should continue to be granted to them even after the expiry of the period of

exercise of its functions in the Court. During the period of exercise of its

functions in the Court, such personnel also benefit from the facilities that if

disclose necessary for the independent performance of the functions that are

assigned by the Court.

Article 18º

Lawyers and collaborators of the defence lawyer

1. Lawyers shall enjoy, to the extent that this is necessary to ensure the

independent performance of its functions, including during displacements

performed in the performance of their duties and upon presentation of the certificate

referred to in paragraph 2 of this Article, of the privileges, immunities and facilities

following:

a) Immunity of arrest or detention and seizure of your personal baggage;

b) Immunity of jurisdiction with respect to statements, oral or written, and the

all acts by them practiced in their official capacity. This immunity

it should continue to be awarded to them even after the expiry of the period of

exercise of their duties;

c) Inviolability of all manner of papers and documents and of the relative material

to the exercise of their duties;

d) For the purposes of the communications carried out in the performance of their duties of

counsel, the right to receive and send all manner of papers and documents;

(e) Exemption from restrictions on immigration and formalities for registration of

foreigners;

(f) Exemption from inspection in relation to personal baggage, unless there are

serious grounds to believe that the same contains objects whose importation or

export is prohibited by law or is subject to regulation concerning the

quarantine placement in the State Party concerned; in that case, the inspection

shall be made in the presence of the lawyer concerned;

g) The same privileges in respect of monetary and foreign exchange restrictions which

the granted to the representatives of foreign governments on official mission

temporary;

h) The same repatriation facilities as those granted to agents

diplomatic in time of international crisis under the Convention of

Vienna;

2. After its designation in accordance with the Statute, the Regulation of

Procedure and the internal Rules of the Court, the lawyer receives an

certificate, signed by the Secretary and valid for the period necessary to

exercise of its functions. If the powers or the mandate cease before the term

of validity of the certificate, the latter is withdrawn.

3. Where the subjection to a tax depends on the residence, the periods during

which lawyers find themselves in a State Party for the exercise of their

functions are not considered as periods of residence.

4. The provisions of this article shall apply mutatis mutandis to collaborators of

defence counsel under rule 22 of the Rules of Procedure.

Article 19.

Witnesses

1. Witnesses shall enjoy, to the extent that this is necessary to ensure the

their comparency before the Tribunal for the provision of testimony, including

during the displacements made with a view to their comparency to the

Tribunal and upon presentation of the document referred to in paragraph 2 of the present

article, of the following privileges, immunities and facilities:

a) Immunity of arrest or detention;

b) Without prejudice to paragraph (d) of this Article, immunity from seizure of its

personal baggage, save if there are serious grounds to believe that the same

contains objects whose import or export is prohibited by law or is

subject to the regulations on quarantine placement in the State Party

in cause;

c) Immunity of jurisdiction with respect to statements, oral or written, and the

all acts by them practiced during their testimony. This immunity

should continue to be granted even after they already have

appeared before the Court and there they have provided testimony;

d) Inviolability of all manner of papers and documents and of the relative material

to your statement;

e) For the purpose of communication with the Tribunal and counsel on its

testimony, the right to receive and send all kinds of papers and

documents;

(f) Exemption from restrictions on immigration and formalities for registration of

foreigners whenever they loafed to provide testimony;

g) The same repatriation facilities as those granted to agents

diplomatic in time of international crisis under the Convention of

Vienna.

2. The Tribunal delivers to the witnesses, who enjoy the privileges, immunities and

facilities provided for in paragraph 1 of this Article, a document certifying

that his / her comparency is by him requested and from which the period appears during the

which the same is required.

Article 20.

Victims

1. The victims, who participate in the proceedings in accordance with the rules 89 a to 91

of the Rules of Procedure, shall enjoy, to the extent that this is necessary for

ensure its comparency before the Court, including during displacements

made with a view to their comparisons before the Court and upon presentation

of the document referred to in paragraph 2 of this Article, of the privileges, immunities and

following facilities:

a) Immunity of arrest or detention;

b) Immunity of seizure of your personal baggage, save if there are grounds

serious to believe that the same contains objects whose import or export

it is prohibited by law or is subject to the regulations on placement in

quarantine in the State Party concerned;

c) Immunity of jurisdiction with respect to statements, oral or written, and the

all acts by them practiced upon their comparisons to the

court. This immunity should continue to be granted to them even

after they have already appeared before the Court;

(d) Exemption from restrictions on immigration and formalities for registration of

foreigners during the displacements of and to the Tribunal for it

attend.

2. The Court delivers to the victims, who participate in the proceedings, in accordance with

rules 89 a to 91 of the Rules of Procedure, and which enjoy the privileges,

immunities and facilities provided for in paragraph 1 of this article, a document

proof of its participation in the Tribunal's processes and of which it consents the

period of duration of that participation.

Article 21.

Experts

1. The experts who find themselves in the exercise of duties assigned by the Court

enjoy, to the extent that this is necessary to ensure performance

independent of its functions, including during the displacements in the exercise of the

your duties and upon presentation of the document referred to in paragraph 2 of the present

article, of the following privileges, immunities and facilities:

a) Immunity of arrest or detention and seizure of your personal baggage;

b) Immunity of jurisdiction with respect to statements, oral or written, and the

all acts by them practiced in the performance of the duties that are

assigned by the Court. This immunity should continue to be

granted even after the end of the period of the performance of its duties;

c) Inviolability of all manner of papers and documents and material concerning the

functions that are assigned to it by the Court;

d) For the purpose of communication with the Tribunal, the right to receive and send

by mail or in sealed suitcase all manner of papers and documents and material

relating to their duties;

(e) Exemption from inspection in relation to personal baggage, unless there are

serious grounds to believe that the same contains objects whose importation or

export is prohibited by law or is subject to regulation concerning the

quarantine placement in the State Party concerned; in that case, the inspection

shall be made in the presence of the competent expert;

f) The same privileges in respect of monetary and foreign exchange restrictions which

the granted to the representatives of foreign governments on official mission

temporary;

g) The same repatriation facilities as those granted to agents

diplomatic in time of international crisis under the Convention of

Vienna;

(h) Exemption from restrictions on immigration and formalities for registration of

foreigners with respect to their duties, as defined in the

document referred to in paragraph 2 of this article.

2. The Tribunal delivers to the experts, who enjoy the privileges, immunities and facilities

provided for in paragraph 1 of this article, a document certifying that they are in the

exercise of the duties assigned by the Court and of which the period of

exercise of these functions.

Article 22.

Other persons whose comparisons at the Tribunal's headquarters are required

1. The other persons whose comparency at the Tribunal's seat is required shall enjoy, in the

measure in which this is necessary to ensure its comparency at the headquarters of the

Tribunal, including during displacements for that purpose and upon

presentation of the document referred to in paragraph 2 of this Article, of the privileges,

immunities and facilities provided for in Article 20 (1) (a) to (d) thereof, of the

present Agreement.

2. The Tribunal delivers to those persons, whose comparisons at the Tribunal's headquarters are

required, a document certifying that its presence in the said seat is

required and from which the period during which the same is required.

Article 23.

Nationals and permanent residents

Any State may, at the time it signs, ratify, accept, approve or adheres to

to this Agreement, declare that:

a) without prejudice to Art. 15 (6) and Article 16 (1) (d),

referred to in Articles 15, 16, 18, 19 and 21 shall enjoy, in the territory of the State

Part of which are national or permanent residents and only to the extent in

how this is necessary to ensure the independent performance of your

functions, their comparency or their testimony before the Court, of the

following privileges and immunities:

i) Immunity of arrest and detention;

ii) Immunity of jurisdiction with respect to his or her statements, oral or written,

and to all acts by them practiced in the performance of the duties that are

assigned by the Court or at the time of its comparency or during its

testimony. This immunity should continue to be granted to them even

after having left to perform their duties in the Court or even

after they have already attended or from their testimony before the same if

find finus;

iii) Inviolability of all manner of papers or documents and of the material

relating to the performance of their duties in the Tribunal, to their comparency or

to his testimony before the same;

iv) For the purpose of communication with the Tribunal and, in the case of the persons referred to

in Article 19, with your lawyer on your deposition, the right to

receive and send all kinds of papers.

b) The persons referred to in Articles 20 and 22 shall only enjoy, in the territory of the State

Part of which are national or permanent residents and only to the extent in

how this is necessary to ensure its comparisons before the Court, of the

following privileges and immunities:

i) Immunity of arrest and detention;

ii) Immunity of jurisdiction with respect to statements, oral or written, and

to all acts by them practiced when they are compared to

the Court. This immunity should continue to be granted to them even

after they have already appeared before the Court.

Article 24.

Cooperation with the authorities of the States Parties

1. The Court should always cooperate with the competent authorities of the States

Parties to facilitate the implementation of their respective laws and prevent any abuses

a which may give way to the privileges, immunities and facilities referred to in the

present Agreement.

2. Without prejudice to its privileges and immunities, all persons who enjoy it

privileges and immunities under this Agreement have a duty to respect

the laws and regulations of the State Party in whose territory they find themselves or by

where they can transitate in the exercise of their duties within the scope of the activity of the

Court. They also have an obligation not to interfere in 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 are

granted to the representatives of States and intergovernmental organizations to

safeguard your independence in the exercise of your duties related to the

work of the Assembly, its subsidiary bodies and the Court, and not for its

personal benefit. Therefore, States Parties have not only the right as

also the duty to lift the privileges and immunities assigned to their

representatives whenever, in the understanding of these states, they can constitute a

obstacle to justice and as long as they can be raised without prejudice to the end so that

have been granted. To States that are not a party to this Agreement and to organizations

intergovernment are granted the privileges and immunities provided for in the articles

13. and 14 of this Agreement, provided that on them impending the same obligation.

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 granted in the interest of the good administration of Justice and not for benefit

staff of the individuals themselves. Such privileges and immunities may be

raised in accordance with Article 48º (5) of the Staff Regulations and provisions of this

article, and shall serve you in all specific cases where they may constitute a

obstacle to justice and as long as they can be raised without prejudice to the end to

that have been granted.

2. The privileges and immunities can be raised in the case:

a) From a judge or from the prosecutor, by deliberation taken by majority

absolute of the judges;

b) of the Secretary, by the Presidency;

c) of the Assistant Attorneys and Staff of the Prosecutor's Office, by the

prosecutor;

d) of the Deputy Secretary and the staff of the Registrar, by the Registrar;

e) of the staff referred to in Article 17, by the head of the Court's body that

employs that same staff;

f) of the lawyer and the collaborators of the defence lawyer, by the

Presidency;

g) of the witnesses and the victims, by the Presidency;

h) of the experts, by the head of the organ of the Court who appointed them;

(i) of other persons whose comparency at the Tribunal's seat is required, by the

Presidency.

Article 27.

Social security

For the services provided to the Court, the persons referred to in Articles 15,

16. and 17 are exempt from the payment of all mandatory contributions to the

national social security systems, from the date of creation by the Court of a

social security system.

Article 28.

Notification

The Secretary communicates periodically to all States Parties the categories and the

names of the judges, the prosecutor, the Deputy Prosecutors, the secretary, the secretary

adjunct, the staff of the Office of the Prosecutor, the staff of the Registry and the

lawyers to whom the provisions of this Agreement apply. It communicates

also to all States Parties any amendment relating to the status of such

people.

Article 29.

Free-transit

States Parties recognize and accept as valid travel securities the free-transit

of the United Nations or the travel document issued by the Court to the judges, to the

solicitor, adjoining prosecutors, to the secretary, the deputy secretary, the staff

of the Office of the Prosecutor and the staff of the Registry.

Article 30.

Visas

Visa applications or permits for entry or exit, where required, when

presented by holders of the free-transit of the United Nations or document of

travel 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

proof that they travel on account of the Court, should be handled by the States

Parties with the greatest possible brevity and are free of charge.

Article 31.

Resolution of conflicts with third parties

Without prejudice to the competences and responsibilities assigned to the Assembly in the

Statute, the Tribunal takes the appropriate measures in order to resolve:

a) Emerging conflicts of contracts and others of private law in which the

Court is part;

(b) Conflicts involving any of the persons referred to in this Agreement

and that, because of the office they occupy or of the duties they perform in the Court,

enjoy immunity, if that immunity has not been lifted.

Article 31º

Settlement of disputes relating to the interpretation or application of the present

Agreement

1. Any dispute between two or more States Parties or between the Tribunal and a

State Party, relating to the interpretation or application of this Agreement, shall

be resolved by consultation, negotiation or by any other agreed method.

2. If the dispute is not resolved in accordance with paragraph 1 of this Article, in the

period of three months from the date of the written request of one of the Parties to the

deferring, shall, at the request of one of those Parties, be submitted to a court

arbitral, in accordance with the procedure laid down in paragraph 3 a to 6 of this Article.

3. The arbitral tribunal shall be composed of three arbitrators: each of the Parties to the

deferring chooses one and the third, who will preside the court, is chosen by the

other two referees. If one of the Parties has not appointed a referee on the deadline

of two months from the date of appointment of a referee by the other Party, the

request of the latter, the President of the International Court of Justice should

proceed to that appointment. In case the first two arbitrators do not reach a

agreement on the appointment of the President of the court in the two months following the

date of its nominations, at the request of any of the Parties, that is

appointed by the President of the International Court of Justice.

4. Unless otherwise agreed by the Parties to the dispute, the court sets out its

own regulation and the expenditure shall be borne by the Parties as per

determined by the court.

5. The arbitral tribunal, which deliberates by a majority of the votes, makes a decision on the

deferring in accordance with the provisions of this Agreement and the standards

applicable 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 shall be communicated to the Parties in 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 law

international, including international humanitarian law.

Article 34.

Signature, ratification, acceptance, approval or accession

1. The present Agreement shall be open to the signature of all States between 10 of

September 2002 and June 30, 2004, at the headquarters of the Organization of Nations

United, in New York.

2. The present Agreement shall be subject to ratification, acceptance or approval of the States

signatories. Instruments of ratification, acceptance or approval are

deposited with the Secretary-General.

3. The present Agreement is open to the accession of all States. The instruments of

adhesion should be deposited with the Secretary-General.

Article 35.

Entry into force

1. The present Agreement shall enter into force thirty days after the date of the deposit with the

Secretary-General of the tenth instrument of ratification, acceptance, approval or

accession.

2. For each State which ratifies, accept, approve the present Agreement or acced to it

after it has 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 the deposit with the Secretary General of the respective 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

transmits such notification to all States Parties and to the Bureau of the Assembly,

requesting that it be communicated to you if they are in favour of the convening of a

Conference of Revision of States Parties for consideration of the proposal.

2. If, within three months of the date of the communication by the Secretariat of the

Assembly, the majority of States Parties shall express to the Secretariat

concordance with the convening of a Review Conference, the same

requests the Bureau of the Assembly to convos the said Conference for the

meeting, ordinary or extraordinary, following of the Assembly.

3. In order for an amendment to be adopted without an agreement having been reached, it is

required a majority of two-thirds of the States Parties present and voting,

provided that a majority of the States Parties are present.

4. The Bureau of the Assembly shall immediately notify the Secretary-General of any

amendment adopted by the States Parties to a Review Conference. The

Secretary-General communicates any amendment adopted in a Conference of

Review to all States Parties and signatory States.

5. An amendment shall enter into force for the States Parties which have ratified it or

adhered sixty days after the date of the deposit by two-thirds of the states, which

were Parties to the date of the adoption of the amendment, the instruments of ratification or the

acceptance to the Secretary-General.

6. For each State Party to ratify or accept an amendment after the deposit of the

required number of instruments of ratification or acceptance, this amendment

comes into force sixty days after the deposit, by that same State Party, of the

respective instrument of ratification or acceptance.

7. A State that becomes Party to this Agreement after the entry into force of

an amendment in accordance with paragraph 5, shall, unless otherwise the intention of that

State, be considered:

a) Party to this Agreement, as amended; and

b) Party to the Agreement not amended with respect to any State Party which

is 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 complaint produces effects one year after the date of

receipt of the notification, unless this provides for an ulterior date.

2. The complaint in nothing affects the duty of any State Party to comply with all

obligations set out in this Agreement to which it is subject by force of the

international law, regardless of that same Agreement.

Article 38.

Depositary

The Secretary-General shall be the depositary of this Agreement.

Article 39.

Authentic texts

The original of this Agreement, whose texts, in Arabic, Chinese, English, French, Russian and

Spanish, they shall also make faith, should be deposited with the Secretary-General.

IN FÉ OF WHAT, THE UNDERSIGNED, DULY AUTHORIZED FOR THE PURPOSE,

have signed this Agreement.