Act No. 2014-06 February 03, 2014

Original Language Title: Loi n° 2014-06 du 03 février 2014

Read the untranslated law here: http://www.jo.gouv.sn/spip.php?article10428

Law No. 2014-06 of February 03, 2014 Act No. 2014-06 of February 03, 2014, authorising the President of the Republic to ratify the agreement on the Privileges and immunities of the International Criminal Court (ICC), adopted in New York on 16 September 2002.

EXPLANATORY statement Senegal signed the Treaty of Rome establishing the Court international criminal on 18 July 1998 and ratified on 2 February 1999, becoming the 1st State party.
In order to facilitate the functioning of the Court, in accordance with article 48, paragraphs 3 and 4, of the Statute, negotiations were undertaken in October 2000 within the Preparatory Commission for the ICC International. They gave rise, in October 2001, to the adoption by consensus of the draft agreement on the privileges and immunities, followed in April 2002 of the financial regulation and in July of the budget for the first year.

All of these texts was approved in New York by consensus at the first meeting of States Parties from 3 to September 9, 2002 and the agreement opened for signature the next day.

The aim is to provide the International Criminal Court the legal means and diplomatic protection essential to the effective exercise of the missions assigned to him by the Rome Statute of 17 July 1998.

Thus, a number of privileges and immunities granted to the Court in respect of which it may be noted:-the inviolability of the premises of the Court;
-the right to fly its flag, its emblem and its signs distinctive its premises and on vehicles and other means of transport used for its official use;
-the Court and its property, funds and assets, wherever they may be and regardless of the holder, enjoy an absolute immunity from jurisdiction;
-the exemption of taxes, customs duties and import or export restrictions.

If the Court considers it desirable, in accordance with article 3, paragraph 3, of the Statute, to sign elsewhere than at its headquarters, it may conclude with the State concerned an agreement for the provision of facilities that will enable it to carry out its functions.
The representatives of the States participating in the work of the Assembly and its subsidiary bodies as well as intergovernmental organizations shall enjoy privileges and immunities during their travel to destination or from the place of meeting, these privileges and immunities are extended to their property.

Persons recruited locally by the Court, which are not otherwise covered by this agreement, shall enjoy immunity from jurisdiction for the lyrics, written and all acts performed by them in their official capacity on behalf of the Court. This immunity continues to them be granted after the termination of their functions for the activities carried out on behalf of the Court.
These persons also, during the period where they are used by the Court, any other facilities that may be necessary for the independent exercise of their functions.

Advice and people providing their assistance to the advice of the defence, witnesses, victims, experts and other persons whose presence is required at the seat of the Court shall enjoy the privileges, immunities and facilities to the extent of their participation in the activities of the Court.

Privileges and immunities are granted in the interests of the proper administration of justice and not for the personal benefit to interested parties. They must be lifted if they are liable to impede the smooth functioning of justice.

The Court works, at any time, with the competent authorities of the States Parties, to enforce their laws and to prevent any abuse in which the privileges, immunities and facilities referred to in this agreement.

States Parties recognize and accept as valid travel documents passes United Nations and documents of travel issued by the Court to the judges, prosecutors, Deputy Prosecutors, Chief Registrars, Deputy Registrars, to the staff of the Office of the Prosecutor and the staff of registry.

Applications of visas or entry or exit permit (when these parts are necessary) from holders pass United Nations, must be examined as soon as delays by States Parties and should there be met free of charge.

With regard to the settlement of disputes with third parties, the Court shall, without prejudice to the powers and responsibilities conferred by status to the Assembly, arrange.

For disputes concerning the interpretation or application of this agreement, the regulation is done by way of consultation, negotiation or by any other means agreed. The dispute may be submitted to the arbitral tribunal.
This agreement shall apply without prejudice to the rules of international law, including international humanitarian law.

With regard to the entry into force of this agreement, it is for each State which ratifies, accepts, approves it or accedes thereto, after the deposit of the tenth (10th) instrument of ratification, acceptance, approval or accession, the thirtieth (30th) day following the date of the deposit of its instrument.

The Secretary-General of the United Nations is the depositary of this agreement.
Senegal, by ratifying the agreement on the privileges and immunities of the International Criminal Court, will comply with its tradition of rule of law, the protection and promotion of the rights of man and individual freedoms concerned.

Such is the economy of this Act.

 

The National Assembly adopted in its session of Friday, January 24, 2014;
The President of the Republic enacts the law whose content follows: sole Article. -The President of the Republic is authorized to ratify the agreement on the Privileges and immunities of the International Criminal Court (ICC), adopted in New York on 16 September 2002.

This Act will be enforced as law of the State.

Made in Dakar, February 03, 2014.

 

Macky SALL.

By the President of the Republic: Prime Minister Aminata TOURE agreement on the PRIVILEGES and immunities of the ICC International adopted by the Assembly of States Parties first session New York, 3-10 September 2002 Official Documents ICC-ASP/l/3 the States Parties to the present agreement, considering that the International Criminal Court Statute adopted on 17 July 1998 by the diplomatic Conference of Plenipotentiaries of the United Nations established the International Criminal Court , which can exercise its jurisdiction over persons for the most serious crimes affecting the whole of the international community, whereas article 4 of the Rome Statute provides that the International Criminal Court has international legal personality and legal capacity that is necessary to perform their duties and carry out its mission, whereas article 48 of the Rome Statute provides that the International Criminal Court enjoys on the territory of the States Parties to the Statute of Rome of the privileges and immunities as are necessary for the accomplishment of its mission, have agreed as follows: Article 1. (– Use of terms for the purposes of this agreement: a) means 'Status' the Rome Statute of the International Criminal Court adopted on 17 July 1998 by the diplomatic Conference of Plenipotentiaries of the United Nations on the establishment of an international criminal court;

(b) means the "Court" the International Criminal Court created by the Statute;

(c) "States Parties" means States Parties to the present agreement;

(d) means by "representatives of States Parties" Assistant all delegates, delegates, advisers, technical experts and Secretaries of delegations;

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

(f) means "judges" judges of the Court;

(g) means the "Presidency" the body 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 article 42, paragraph 4, of the Statute;

(i) means "Deputy Prosecutors" means the Deputy Prosecutors elected by the Assembly in accordance with article 42, paragraph 4, of the Statute;

(j) "Registrar means" the Registrar elected by the Court, in accordance with article 43, paragraph 4, of the Statute;

"" (k) means by "Deputy Registrar" the Deputy Registrar elected by the Court, in accordance with article 43, paragraph 4, of the Statute;

(1) means "Tips" the defence counsel and the legal representatives of the victims;

"" (m) means by "Secretary-General" the Secretary-General of the Organization of the United Nations;

"" (n) means by "representatives of intergovernmental organizations" persons exercising the Presidency of intergovernmental organizations or all official representatives acting on their behalf;

(o) "Vienna Convention" means the Vienna Convention on diplomatic relations of 18 April 1961;

"" (p) means by "rules of procedure and evidence" the rules of procedure and evidence adopted in accordance with article 51 of the Statute.

Section 2. -Legal status and personality of the Court the Court has international legal personality and legal capacity which is necessary to perform its functions and achieve its mission. In particular, it has the capacity to contract, to acquire and dispose of immovable and movable property, and to litigate.

Article 3. -General provisions concerning the privileges and immunities of the Court the Court enjoys on the territory of States Parties to the privileges and immunities as are necessary for the accomplishment of its mission.

Article 4. -Inviolability of the premises of the Court the premises of the Court shall be inviolable.


Article 5 -Flag and emblem the Court has the right to fly its flag, its emblem and its distinctive signs in its premises and on vehicles and other means of transport used for its official use.

Section 6. -Immunity of the Court and its property, funds and assets 1. The Court and its property, funds and assets, wherever they may be and regardless of the holder, enjoy an absolute immunity from jurisdiction, except to the extent where the Court has expressly waived its immunity in a particular case. However, it is understood that the waiver may not extend to measures of execution.

2. the property, funds and assets of the Court, wherever they may be and whatever is the holder, are immune from search, seizure, requisition, confiscation, expropriation and any other form of interference resulting from a decision administrative, judicial, legislative or enforcement.

3. to the extent necessary for the exercise of the functions of the Court, the property, funds and assets of one -, wherever they may be and whatever the holder, are free from any restriction, regulation, control or moratorium of any kind whatsoever.

Section 7. -Inviolability of archives and documents the archives of the Court, all papers and documents, that in any form, and any material sent to or by the Court, held by it or owned, wherever they may be and what may be the holder, shall be inviolable. The cessation or absence of this inviolability does not affect protective measures that the Court may order pursuant to the statute or of the rules of procedure and evidence with regard to documents and materials made available or used by it.

Section 8. -Exemption of taxes, customs duties and restrictions on importation or exportation 1. The Court, its assets, income and other property and its operations and transactions are exempt from all direct taxes, which includes, among others, the income tax, tax on capital and tax on corporations, as well as direct taxes levied by local and provincial authorities. It is understood, however, that the Court will not request exemption from taxes which are, in fact, fixed rate royalties relating to the use of public services, which amount depends on the amount of services rendered and which can be specifically identified, described and itemized.

2. the Court is exempt from all customs duties and taxes on import sales and exempt from prohibitions and restrictions on import or export on articles imported or exported by it for its official use, as well as its publications.

3. the articles so imported or purchased duty-free cannot be sold or otherwise disposed on the territory of a State party, unless what is conditions approved by the competent authorities of that State party.

Article 9 -Reimbursement of fees and/or taxes 1. The Court does not claim, in principle, the exemption from duties and taxes included in the price of movable or immovable property or the fees charged for services provided. However, when she performs for its official use large purchases of goods and articles or services the price of which includes or may include rights or identifiable taxes, States Parties shall take the appropriate administrative arrangements to exempt it from these duties and taxes or repay the amount of duties and taxes paid.

2. articles so purchased duty-free or giving rise to a refund may not be sold or otherwise disposed to the conditions laid down by the State party which granted the exemption or reimbursement.
It is granted any exemption or any refund of the fees paid by the Court for the use of public services.

Section 10. -Funding and absence of all restrictions on Exchange 1. Without being restricted to no controls, regulations or financial moratoria, the Court, in the exercise of its activities: has) may hold funds, currency or gold and manage accounts in any currency;

(b) may freely transfer its funds, gold or its currency from one country to another or within the same country and convert any currency held by it into any other currency;

(c) may receive, hold, negotiate, transfer or convert securities and other securities, and perform any other operations in this regard;

d) receives treatment at least as favourable given that the State party considered to any intergovernmental organization or diplomatic mission in the rate of exchange for its financial transactions.

2. in the exercise of the rights recognized in paragraph l, the Court takes account of any representations made by any State party, insofar as it considers to be able to respond without prejudice to its own interests.

Section 11. -Facilities of communications 1. The Court is, on the territory of each State party, in its communications and correspondence official of treatment at least as favourable as that accorded by that State party to any other intergovernmental organization or diplomatic mission in what concerns the priorities, rates and taxes applicable to mail and the various forms of communications and correspondence.

2 communications and correspondence - official them may not be subject to censorship.

3. the Court may use all appropriate, including electronic means of communication, communication means and has the right to use codes or a figure for official communications and correspondence. The court official communications and correspondence shall be inviolable.

4. the Court has the right to dispatch and receive correspondence and other materials or communications by courier or in sealed bags, which benefit from the same privileges, immunities and facilities as diplomatic bags and messages.

5. the Court has the right to operate broadcasting facilities and other telecommunications facilities on the frequencies assigned to it by the States Parties, in accordance with their national procedures. States Parties shall endeavour to allocate to the Court, to the extent possible, frequencies requested.

Section 12. -Cases in which the Court exercises its functions outside Headquarters if the Court considers it desirable, in accordance with article 3, paragraph 3, of the Statute, to sit elsewhere than at its headquarters in the Hague in the Netherlands, it may conclude with the State concerned an agreement for the provision of facilities that will enable it to carry out its functions.

Article 13. -Representatives of the States participating in the work of the Assembly and its subsidiary bodies and 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 who may attend the meetings of the Assembly and its subsidiary bodies as observers under article 112, paragraph l, of the Statute, and representatives of States and of intergovernmental organizations invited to meetings of the Assembly and its subsidiary bodies enjoy (in the exercise of their official duties and during their travel to destination or from the place of meeting, the following privileges and immunities: a) immunity of arrest or detention;

(b) absolute immunity for their lyrics and writings, and all acts performed by them in their official capacity; This immunity remains, notwithstanding the fact that the persons concerned may have ceased to exercise their functions as representatives;

(c) inviolability of all papers and documents, regardless of the form.

(d) right to make use of codes or number, receive papers and documents or correspondence by courier or in sealed bags and receive and send electronic communications;

(e) exemption from all restrictions on immigration, all formalities for the registration of foreigners and all obligations of national service in the State party visited or passed through by them in the exercise of their functions;

j) the same privileges in monetary regulations and exchange rate as those accorded to representatives of foreign Governments on temporary official missions;

(g) the same immunities and facilities in respect to their baggage personal as those granted to diplomatic agents under the Vienna Convention;

h) the same protection and the same repatriation facilities as those accorded to diplomatic agents in time of international crisis under the Vienna Convention;

(i) such other privileges, immunities and facilities not inconsistent with the foregoing enjoyed by diplomatic agents, except for the benefit of the exemption from customs duties on goods imported (other than those which are part of their personal baggage), excise duties or taxes on the purchase.

2. where a tax liability depends upon residence, periods during which the representatives referred to in paragraph 1 attending the meetings of the Assembly and its subsidiary bodies are present in the territory of a State party to the exer-cise of their duties are not considered periods of residence.


3. the provisions of paragraphs 1 and 2 of this article shall not apply in the case of a Perma - both to the authorities of the State party of which he is national or of the State party or organization — intergovernmental toward which he is or has been the representative.

Section 14. -Representatives of the States participating in the work of the Court the representatives of the States participating in the work of the Court shall enjoy, in the exercise of their official duties and during their travel to destina - tion and from the place of work, privileges and immunities set out in article 13.

Section 15. -Judges, the Prosecutor, the Deputy Prosecutors and the Registrar 1. Judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall enjoy, in the exercise of their duties in the service of the Court and the fact of these privileges and immunities granted to the heads of missions diploma-ticks. After the expiry of their mandate, they continue to enjoy absolute immunity from jurisdiction for the lyrics, written and all acts performed by them in the exercise of their official duties.

2. the judges, the Prosecutor, the Deputy Prosecutors and the Registrar, as well as members of their families forming part of their household are free to leave the country in which they find themselves, as well as to access the country where sits the Court and out. During travel related to the exercise of their functions, the judges, the Prosecutor, Deputy Prosecutors and the Registrar rejoice - smells in all States Parties that they should cross all the privileges, immunities and facilities granted by these States Parties to diplomatic agents in similar circumstances under the Vienna Convention.

3. If a judge, the Prosecutor, a Deputy Prosecutor or the Registrar, in order to keep at the disposal of the Court, resides in one State party other than that of which he is a national or resident, he enjoyed during his stay, and the members of his family forming part of his household, privileges, immunities and diplomatic facilities.

4. the judges, the Prosecutor, the Deputy Prosecutors and the Registrar, as well as members of their families forming part of their household, benefit in times of international crisis of the same repatriation facilities as those provided for by the Vienna Convention to diplomatic agents.

5. paragraphs 1 to 4 of this article shall apply to judges of the Court, even after the end of their mandate, if they continue to exercise their functions in accordance with article 36, paragraph 10, of the Statute.

6. the salaries, emoluments and allowances paid by the Court judges, Prosecutor, Deputy Prosecutors and the Registrar are exempt from tax. When a tax liability any depends upon residence, periods during which judges, the Prosecutor, the Deputy Prosecutors and the Registrar are present in the territory of a State party for the discharge of their duties are not considered as periods of residence for the purposes of taxation. States Parties may take these salaries, emoluments and allowances into account for determining the amount of tax to deduct from income from other sources.

7. States Parties are not obliged to exempt from income tax pensions or annuities paid to former judges, prosecutors and registrars and their dependants.

Section 16. -The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the registry 1. The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the registry shall enjoy the privileges, immunities and facilities necessary for the performance of their duties in full independence. They are: a) immunity from arrest, detention and seizure of their personal baggage;

b) absolute jurisdiction for the words and thus written immunity for acts performed by them in their official capacity. This immunity continues to them be granted after the end of their commitment to the service of the Court;

(c) of the inviolability of all documents and official papers in any form and any official material.

(d) of the exemption from all taxes on salaries, emoluments and allowances they receive from the Court. States Parties may take these salaries, emolu-ments and allowances into account for the calculation of the tax on income from other sources;

(e) for exemption from national service obligations;

(j) of the exemption, for them and members of their families forming part of their household, restrictions on immigration and formalities for the registration of aliens;

(g) exemption from inspection of personal baggage, unless there are serious reasons to believe that these baggage contains articles whose import or export is prohibited or subject to quarantine in the State party concerned; in this case, the inspection takes place in the presence of the official concerned;

(h) the same privileges in currency exchange regulations, as those accorded to officials of comparable rank in diplomatic missions accredited to the State party concerned;

(i) the same repatriation facilities in time of international crisis for themselves and members of their families forming part of their household, as those provided for by the Vienna Convention to diplomatic agents;

(j) the right to import their furniture and effects free of duties and taxes, except payments for services rendered on the occasion of the first taking office in the State party concerned, and to re-export it free in the country of their domicile.

2. States Parties are not obliged to exempt from income tax pensions or annuities paid to former Deputy Registrars, members of the staff of the Office of the Prosecutor, the staff of the registry and their dependants.

Article 17. -Locally recruited personnel not otherwise covered by this agreement individuals recruited by the Court locally which are not otherwise covered by this Agreement shall enjoy immunity from jurisdiction for the lyrics, written and all acts performed by them in their capacity as official on behalf of the Court. This immunity continues to them be granted after the termination of their functions for the activities carried out on behalf of the Court. These persons also, during the period where they are used by the Court, any other facilities that may be necessary for the independent exercise of their functions.

Section 18. -Advice and people bringing their contest to the advice of defence 1. The Councils shall enjoy the following privileges, immunities and facilities to the extent necessary for the independent exercise of their functions, including during their travel, for the purpose of their service, subject to the production of the certificate referred to in paragraph 2 of this article: a) immunity from arrest, detention and seizure of their personal baggage;

(b) absolute immunity from jurisdiction for the lyrics and writings as well as all acts performed by them in their official capacity; This immunity remains to them be granted even after the termination of their functions;

(c) inviolability of papers and documents whatever form and materials relating to the exercise of their functions;

(d) right to receive and ship, for the purposes of communications relating to the exercise of their functions, papers or documents, regardless of the form;

(e) exemption from immigration restrictions and aliens registration formalities;

(f) exemption from inspection of their personal baggage, unless there are serious reasons for believing that the baggage contains articles whose import or export is prohibited or subject to quarantine in the State party concerned; in this case the inspection takes place in the presence of the concerned Council;

(g) privileges regulatory monetary and exchange control as the representatives of foreign Governments on temporary official missions;

(h) the same repatriation facilities in time of international crisis than those provided for by the Vienna Convention to diplomatic agents.

2. when a Board has been designated under the Statute to the regulations of procedure and evidence and the regulations of the Court receives a certificate signed by the Registrar for the period required for the exercise of its functions. If the power or mandate is terminated before the expiry of the certificate, it is removed.

3. when a tax liability depends upon residence, periods during which the boards are present in the territory of a State party for the discharge of their duties are not considered periods of residence.

4. the provisions of this article shall apply mutatis mutandis to persons who contribute to the defence counsel in accordance with rule 22 of the rules of procedure and evidence.

Section 19. -Control 1. Witnesses shall enjoy the privileges, immunities and facilities following, to the extent necessary for the purposes of their appearance before the Court to testify, including displacement caused by this appearance, subject to production of the document referred to in paragraph 2 of this article: a) immunity of arrest or detention;


((b) without prejudice to subparagraph (d)) below, immunity from seizure of their personal baggage, unless there are serious reasons for believing that the baggage contains articles whose import or export is prohibited or subject to quarantine in the State party concerned;

(c) immunity absolute jurisdiction for their words and written and all acts performed by them in their testimony; This immunity continues to them be granted even after their appearance and testimony before the Court;

(d) inviolability of papers and documents whatever form and materials relating to their testimony;

(e) right to receive and send papers and documents in any form, for the purposes of communications with the Court and the boards on the occasion of their testimony;

(f) exemption from immigration restrictions or formalities for the registration of aliens when they travel for purposes of their testimony;

(g) the same repatriation facilities in time of international crisis than those provided for by the Vienna Convention to diplomatic agents.

2. witnesses who enjoy the privileges, immunities and facilities referred to in paragraph 1 of this article are being issued by the Court with a document certifying that their presence is required at the headquarters and specifying the period during which such presence is necessary.

Section 20. -Victims 1. Victims participating in the proceedings complied with - pursuant to rules 89 to 91 of the rules of procedure and evidence shall enjoy the privileges, immunities and facilities following, to the extent necessary for their appearance before the Court, including displacement caused by this appearance, subject to production of the document referred to in paragraph 2 of this article: a) immunity of arrest or detention;

(b) immunity from seizure of their personal baggage, unless there are serious grounds for believing that the baggage contains articles whose import or export is prohibited or subject to quarantine in the State party concerned;

(c) immunity absolute jurisdiction for their words and written and all acts performed by them during their appearance before the Court, this immunity continues to them be granted even after their appearance before the Court;

(d) exemption from immigration restrictions or formalities for the registration of aliens when they go to the Court to appear or come home.

2. victims participating in the proceedings complied with - pursuant to rules 89 to 91 of the rules of procedure and evidence who enjoy the privileges, immunities and facilities referred to in paragraph 1 of the present article are issued by the Court a document certifying their partici-pation in the Court's procedure and specifying the period of that participation.

Section 21. -Experts 1. Experts performing functions for the Court are accorded the privileges, immunities and facilities following to the extent necessary to exercise independence-dant of their functions, including displacement caused by them, subject to the production of the document referred to in paragraph 2 of this article: a) immunity from arrest, detention and seizure of their personal baggage;

(b) immunity absolute jurisdiction for their words and written and all acts performed by them in the exercise of their functions, immunity continues to them be granted even after the termination of their functions;

(c) inviolability of papers and documents whatever form and materials relating to their functions;

(d) right to receive and send papers and documents in any form and materials relating to their functions by mail or sealed bags, for the purposes of their communications with the Court;

(e) exemption from inspection of their personal baggage, unless there are serious reasons for believing that the baggage contains articles whose import or export is prohibited or subject to quarantine in the State party concerned; in this case the inspection takes place in the presence of the expert concerned;

(f) privileges regulatory monetary and exchange control as the representatives of foreign Governments on temporary official missions;

(g) the same repatriation facilities in time of international crisis than those provided for by the Vienna Convention to diplomatic agents;

h) Exemption from immigration restrictions or formalities for the registration of foreign citizens in the exercise of their functions, such as defined in the document referred to in paragraph 2 of this article.

2. experts on mission who enjoy the privileges, immunities and facilities referred to in paragraph 1 of the present article are issued by the Court with a document attesting that they perform functions on behalf of celle - ci and indicating the duration of these functions.

Section 22. -Other persons whose presence is required at the seat of the Court 1. (Other persons whose presence is required at the seat of the Court are granted to the extent necessary for this presence and including depla-cements caused by it, the privileges, immunities and facilities provided for in article 20, subparagraphs (a)) d), of this agreement, subject to the production of the document referred to in paragraph 2 of this article.

2. these people are issued by the Court with a document certifying that their presence is required at the seat of the Court and stating the period during which such presence is necessary.

Section 23. ((- Nationals and permanent residents at the time of signature, ratification, of the CA - acceptance, approval or accession, any State may declare that: has) without prejudice to paragraph 6 of article 15 and paragraph d) of paragraph 1 of article 16, the persons referred to in articles 15, 16, 18, 19 and 21 shall enjoy on the territory of the State party of which they are nationals or permanent residents (, the following privileges and immunities only to the extent desired for copies of their duties or to appear or testify before the Court independently: i) immunity of arrest and detention;

(ii) immunity from jurisdiction for their lyrics and writings, as well as acts done by them in the exercise of their duties with the Court or during their appearance or their testimony; This immunity continues to be accorded when they have ceased to exercise their functions with the Court, and after their appearance or testimony before the Court;

(iii) inviolability of papers and documents whatever form and materials relating to the exercise of their duties to the Court their skills-rution or their testimony before it;

(iv) right to receive and send papers in any form, for the purposes of communication with the Court and, in the case of a person referred to in article 19, with his Council on the occasion of his testimony.

(b) the persons referred to in articles 20 and 22 shall enjoy on the territory of the State party of which they are nationals or permanent residents of the following privileges and immunities only to the extent neces-Sary to their appearance before the Court: i) immunity of arrest and detention;

(ii) immunity from jurisdiction for their lyrics and writings, and all acts performed by them during their appearance before the Court, this immunity continues to be granted even after their skills - the rution Court. "Article 24. -Cooperation with the authorities of the States Parties 1. The Court works, at any time, with auto-competent rites of States Parties to enforce their laws and to prevent any abuse in which don - ner instead 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 in respect of this agreement are bound to respect the laws and regulations of the State party where they are staying or they pass through the territory for the purposes of the Court. They are required also to not interfere in the internal affairs of that State.

Section 25. -Waiver of the privileges and immunities referred to in articles 13 and 14 the privileges and immunities referred to in articles 13 and 14 of this agreement are granted to the representatives of States and intergovernmental organizations not for their personal benefit but to preserve their independence in the exercise of their functions related to the work of the Assembly, its subsidiary bodies and the Court. Accordingly, States Parties have not only the right but the obligation to lift the privileges and immunities of their representatives in ' all cases where, in the opinion of those States, these privileges and immunities entered - would the works of justice and can be waived without prejudice to the purposes for which they have been granted. The privileges and immunities provided for in articles 13 and 14 of this agreement are granted to States that are not parties and intergovernmental organizations with the understanding that they are subject to the same obligation to lift.

Section 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 the present agreement are granted in the interests of the proper administration of justice and not to the personal benefit of the persons concerned. They may be waived confor-extremely article 48, paragraph 5, of the Statute and the provisions of this section and must be in cases where they would impede the March of justice and where they can be waived without prejudice to the purposes for which they have been granted.

2. privileges and immunities may be waived: a) in the case of a judge or the Prosecutor, by decision taken by the absolute majority of the judges;

(b) in the case of the Registrar, by the Presidency;

(c) in the case of a Deputy Prosecutor and the staff of the Office of the Prosecutor, by the Prosecutor;

(d) in the case of the Deputy Registrar and the staff of the registry, by the Registrar;

(e) in the case of personnel referred to in article 17, by the person at the head of the organ of the Court employing the person concerned;

(j) in the case of counsel and persons assisting counsel for the defence, by the Presidency;

(g) in the case of witnesses and victims, by the Presidency;

(h) in the case of experts, by the person at the head of the organ of the Court which appointed the expert.

(i) in the case of other persons whose presence is required at the seat of the Court, by the Presidency.

Section 27. -Social security from the date on which the Court will create a social security scheme, the persons referred to in articles 15, 16 and 17 will be exempted, in relation to their performances at the service of the Court, all compulsory contributions to national social security schemes.

Section 28. -Notifications the Registrar shall communicate periodically to all States Parties the identity of judges, the Prosecutor, Deputy Prosecutors, the Registrar, the Deputy Registrar, staff of the Office of the Prosecutor, personnel file and the advice to which the provisions of this agreement apply. The Registrar shall also communicate to all States Parties any changes concerning the status of such persons.

Section 29. -Pass the States Parties recognize and accept as valid travel documents United Nations laissez-passer and travel documents 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 registry.

Article 30. -Visas applications for visas or entry or exit permit (when these parts are necessary) from holders of laissez-passer and United Nations travel documents issued by the Court, or persons referred to in articles 18 to 22 of this agreement, holders of a certificate issued by the Court confirming that they travel on behalf of the should be examined as soon as possible by the States Parties and should be given suite free of charge.

Section 31. (-Settlement of disputes with third parties without prejudice to the powers and responsibilities conferred by status to the Assembly, the Court shall make arrangements for the settlement, by appropriate means: has) disputes arising from contracts and other disputes of private law to which the Court is a party;

(b) disputes involving any person referred to in the present agreement which enjoys immunity because of his official position or duties to the Court, unless this immunity was lifted.

Section 32. -Settlement of disputes concerning the interpretation or application of the present 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, is set by way of consultation, negotiation or other agreed means.

2. If the dispute is not settled in accordance with paragraph 1 of this article within three months following the written request to that effect by one of the parties to the dispute, it is brought, at the request of either party, be before an arbitral tribunal in accordance with the procedure set out in paragraphs 3 to 6 of this article.

3. the arbitral tribunal consists of three members: each party to the dispute chooses one and the third who presides over the tribunal, is chosen by the other two members. If one or other of the parties to the dispute has not designated its arbitrator within two months following the appointment of another arbitrator by the other party, the latter may request the President of the International Court of Justice to proceed with this designation. Failing agreement between the first two members on the choice of the president of the tribunal within two months following their appointment, either party may request the President of the International Court of Justice to choose.

4. unless the parties to the dispute agree otherwise, the arbitral tribunal sets its own procedures, and costs are borne by the parties to the dispute, in the manner determined by the Court.

5. the arbitral tribunal, which shall act by the majority, to decide on the dispute based on the provisions - tions of this agreement and the applicable rules of international law. Its decision is final and binding on the parties.

6. the decision of the arbitral tribunal shall be communicated to the parties to the dispute, the clerk and the Secretary general.

Section 33. -Applicability of this agreement this Agreement shall apply without prejudice to rules of international law, including international humanitarian law.

Section 34. -Signature, ratification, acceptance, approval or accession 1. This agreement shall be open for signature by all States until the... at the seat of the Court in the Hague, and then up to the... at the headquarters of the United Nations in New York.

2. this agreement is subject to ratification, acceptance or approval by the signatory States. The instruments of ratification, acceptance or approval shall be deposited with the Secretary-General.

3. this agreement remains open to accession by all States. The instruments of accession shall be deposited with the Secretary-General.

Section 35. -Entry into force 1. This agreement shall enter into force thirty days after the deposit with the Secretary-General of the tenth instrument of ratification, acceptance, approval or accession.

2. for each State which ratifies, accepts, approves this agreement or accedes thereto after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the agreement shall enter into force the thirtieth day following the date of the deposit of its instrument of ratification, acceptance, approval or accession with the Secretary-General.

Section 36. -Amendments 1. Any State party may, by written communication addressed to the Secretary-General, propose amendments to this agreement. The Secretary-General hereby transmits the communication to all States Parties and the Bureau of the Assembly asking States parties to let him know if they wish that a review conference of the States Parties be organized to consider the proposal.

2. If, within three months from the date of transmission of the communication by the Secretary general, the majority of the States Parties informed him that it supported a review conference, the Secretary-General asked the Bureau of the Assembly to convene such a conference on the occasion of the next, ordinary or extraordinary, of the Assembly session.

3. the adoption of an amendment which cannot be adopted by consensus requires a majority of two-thirds of the States Parties present and voting, on the understanding that the majority of States Parties must be present.

4. the Bureau of the Assembly shall immediately inform the Secretary-General of any amendment adopted at the review conference.

5. the Secretary-General shall transmit the amendments adopted at the conferences of revision to all States Parties and signatory States.

6 an amendment shall enter into force for States Parties which have ratified or accepted 60 days after that two-thirds of the States which were Parties at the date of its adoption have deposited instruments of ratification or acceptance with the Secretary-General.

7. when a State party ratifying or accepting an amendment after the deposit of the required number of instruments of ratification and acceptance, this amendment enters into force in its respect the sixtieth day following the deposit of its instrument of ratification or acceptance.

(8. a State which becomes party to this agreement after the entry, force of an amendment in accordance with paragraph 5 shall be deemed to, as it does not express a different intention: has) be a party to this agreement as amended; and (b) be a party to the agreement not amended with regard to any State party which is not bound by the amendment.

Section 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 it provides a later date.

2. the denunciation does not affect the duty of any State party to fulfil any obligation under this agreement to which it would be subject under international law independently of this agreement.

Section 38. -Depositary the Secretary-General is the depositary of this agreement.

Section 39. -Authentic texts the original of this agreement, of which the Arabic, Chinese, English, french, Russian and Spanish texts are also authentic, shall be deposited with the Secretary-General.

In witness whereof the undersigned, being duly authorized thereto, have signed this agreement.