Act No. 2014-06 February 03, 2014

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

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LAW

Law No. 2014-06 of February 03, 2014

Act No. 2014-06 of 03 February 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 MEMORANDUM

Senegal signed the Treaty of Rome establishing the International Criminal Court on 18 July 1998 and ratified it on 2 February 1999, thus becoming the first State party.
In order to facilitate the functioning of the Court, and in accordance with Article 48 (3) and (4) of the Statute, negotiations were undertaken in October 2000 in the Preparatory Commission for the International Criminal Court. In October 2001, they gave rise to the adoption by consensus of the draft agreement on privileges and immunities, followed in April 2002 by the Financial Regulation and in July of the budget for the first year of exercise.

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

The aim is to provide the International Criminal Court with the necessary legal and diplomatic protection for the effective exercise of the missions assigned to it by the Rome Statute of 17 July 1998.

Thus, a number of privileges and immunities have been granted to the Court, in which it can be noted that:

-the inviolability of the Court's premises;
-the right to display its flag, emblem and distinctive signs in its premises and on vehicles and other means of transport for its official use;
-the Court and its assets, funds and assets, wherever situated and whatever the holder thereof, enjoy absolute immunity from jurisdiction;
-exemption from taxes, customs duties and import or export restrictions.

If the Court finds it desirable, in accordance with Article 3 (3) of the Statute, to sign further than at its headquarters, it may enter into an Agreement with the State concerned with a view to the provision of facilities to enable it to carry out its Functions.
Representatives of States participating in the work of the Assembly and its subsidiary bodies, as well as intergovernmental organizations, shall enjoy privileges and immunities during their movements to or from the Place of the meeting, these privileges and immunities are extended to their property.

Persons recruited locally by the Court, who are not otherwise covered by this Agreement, shall enjoy immunity from jurisdiction for the words, writings and acts performed by them in their official capacity on behalf of The Court. Such immunity shall continue to be granted after the termination of their duties for the activities carried out on behalf of the Court.
Such persons shall also enjoy, during the period in which they are employed by the Court, any other facilities which may be necessary for the independent exercise of their functions.

The advice and persons providing assistance to the defence counsel, witnesses, victims, experts and other persons whose presence is required at the seat of the Court shall enjoy privileges, immunities and facilities to the extent of Their participation in the Court's activities.

Privileges and immunities are granted in the interest of the proper administration of justice and not for the personal benefit of the persons concerned. They must be removed if they are such as to hinder the proper functioning of justice.

The Court shall, at any time, cooperate with the competent authorities of the States Parties to enforce their laws and prevent any abuse to which the privileges, immunities and facilities referred to in this Agreement may be granted.

States Parties shall recognize and accept as valid travel documents United Nations laissez-passer and travel documents issued by the Court to Judges, Prosecutors, Deputy Prosecutors, Chief Registrar, Deputy Registrar, Staff of the Office of the Prosecutor and Registry staff.

Applications for visas or entry or exit permits (where such documents are required) from United Nations laissez-passer holders should be examined as soon as possible by the States Parties and must be given Suite without charge.

With regard to the settlement of disputes with third parties, the Court shall take, without prejudice to the powers and responsibilities conferred on the Assembly by the Statute, the necessary provisions.

For disputes concerning the interpretation or application of this Agreement, the settlement shall be by means of consultation, negotiation or other agreed means. The dispute may also be referred to the arbitral tribunal.
This Agreement shall apply without prejudice to the applicable rules of international law, including international humanitarian law.

With regard to the entry into force of this Agreement, it shall, for each State which ratifies, accept, approve or accede to it, after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the Thirtieth (30th) day following the date of deposit of its instrument.

The Secretary-General of the United Nations shall be the depositary of this Agreement.
Senegal, by ratifying the Agreement on the Privileges and Immunities of the International Criminal Court, will abide by its tradition of the rule of law, concerned with the protection and promotion of human rights and individual freedoms.

This is the economy of this Act.

The National Assembly adopted, at its meeting on Friday 24 January 2014;
The President of the Republic enacts the following legislation:

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 Law shall be enforced as the law of the State.

Done at Dakar, February 03, 2014.

Macky SALL.

By the President of the Republic:

The Prime Minister,
Aminata TOUR

AGREEMENT ON THE PRIVILEGES AND IMMUNITIES OF THE INTERNATIONAL CRIMINAL COURT

Adopted by the Assembly of States Parties
First session
New York, 3-10 September 2002
Official Records
ICC-ASP/l/3

The States Parties to this Agreement,
Considering that the Rome Statute of the International Criminal Court adopted on 17 July 1998 by the United Nations Diplomatic Conference of Plenipotentiaries established the International Criminal Court, which may exercise its jurisdiction in respect of Persons for the most serious crimes affecting the entire international community,
Considering that article 4 of the Rome Statute provides that the International Criminal Court has the international legal personality and the legal capacity necessary for it to carry out its functions and carry out its mission,
Considering that article 48 of the Rome Statute provides that the International Criminal Court shall enjoy in the territory of the States Parties to the Rome Statute the privileges and immunities necessary for the performance of its mission,
Have agreed as follows:

Article 1. -Use of terms

For the purposes of this Agreement:

(a) " Status " the Rome Statute of the International Criminal Court adopted on 17 July 1998 by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court;

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

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

(d) " Representatives of States Parties " all delegates, deputy delegates, advisers, technical experts and secretaries of delegations;

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

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

(g) " Presidency means the body composed of the President and the First and Second Vice-Presidents of the Court;

(h) " Prosecutor " the Prosecutor elected by the Assembly in accordance with article 42, paragraph 4, of the Statute;

(i) " Assistant prosecutors " the deputy prosecutors elected by the Assembly in accordance with Article 42 (4) of the Statute;

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

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

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

(m) " Secretary-General shall mean the Secretary-General of the United Nations;

(n) "representatives of intergovernmental organizations" means persons holding the chairmanship of intergovernmental organizations or any official representatives acting on their behalf;

(o) " Vienna Convention " Vienna Convention on Diplomatic Relations of 18 April 1961;

(p) "Rules of Procedure and Evidence" means the Rules of Procedure and Evidence adopted in accordance with Article 51 of the Statute.

Article 2. -Legal status and personality of the Court

The Court shall have the international legal personality and the legal capacity necessary for it to carry out its functions and carry out its task. In particular, it has the capacity to contract, acquire and dispose of movable and immovable property, and to sue.

Article 3. -General provisions concerning the privileges and immunities of the Court

The Court shall enjoy in the territory of the States Parties such privileges and immunities as are necessary for the performance of its mission.

Article 4. -Inviolability of the Court's premises

The premises of the Court shall be inviolable.

Article 5. -Flag and emblem

The Court shall have the right to bear its flag, emblem and distinctive signs in its premises and on vehicles and other means of transport for its official use.

Article 6. -Immunity of the Court and its assets, funds and assets

(1) The Court and its property, funds and assets, wherever situated and whatever the holder thereof, shall enjoy immunity from absolute jurisdiction, except to the extent that the Court has expressly waived its immunity in a particular case. It is understood, however, that the waiver cannot be extended to implementing measures.

2. The property, funds and assets of the Court, wherever situated and whatever the holder thereof, shall be exempt from search, seizure, requisition, confiscation, expropriation and any other form of interference resulting from an administrative decision, Judicial, legislative or enforcement.

3. To the extent necessary for the exercise of the functions of the Court, the assets, funds and assets of the Court, wherever situated and whatever the holder thereof, shall be exempt from any restriction, regulation, control or moratorium of any kind That is.

Article 7. -Inviolability of archives and documents

The archives of the Court, all documents and documents, whatever form, and any material sent to or by the Court, held by it or belonging to it, wherever situated and whatever the holder thereof, shall be inviolable. The termination or absence of such inviolability shall not affect the protective measures which the Court may order under the Statute or the Rules of Procedure and Evidence with regard to documents and materials made available or used By her.

Article 8. -Exemption from taxes, customs duties and import or export restrictions

1. The Court, its assets, income and other property, as well as its transactions and transactions, are exempt from any direct tax, including, inter alia, income tax, capital and corporate tax, and taxes Direct perceived by provincial and local authorities. It remains understood, however, that the Court will not seek exemption from taxes which are, in fact, fixed rate charges relating to the use of public services, the amount of which depends on the quantity of services rendered, and which may be Identified, described and detailed.

(2) The Court shall be exempt from all customs duties and taxes on imports and exempt from prohibitions and restrictions on the import or export of goods imported or exported by the Court for its official use, And its publications.

3. Items so imported or purchased free of duty shall not be sold or otherwise disposed of in the territory of a State Party, unless it is subject to conditions approved by the competent authorities of that State Party.

Article 9. -Refund of duties and/or taxes

1. The Court claims, in principle, neither the exemption of duties and taxes in the price of movable or immovable property nor the fees charged for services provided. However, when making significant purchases of goods and items or services for which the price includes or may include identifiable rights or taxes, the States Parties shall make the administrative arrangements To exempt it from these duties and taxes or to refund the amount of duties and taxes paid.

2. Items so purchased or reimbursed may not be sold or otherwise disposed of under the conditions laid down by the State Party that granted the exemption or reimbursement.
No exemption or refund of the fees paid by the Court for the use of public services is granted.

Article 10. -Funds and absence of any foreign exchange restrictions

(1) Without being bound by any control, regulation or financial moratorium, the Court, in carrying out its activities:

(a) may hold funds, currency or gold and manage accounts in any currency;

(b) may freely transfer its funds, gold or 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 carry out any other transactions in that regard;

(d) receive treatment at least as favourable as that accorded by the State Party to any intergovernmental organization or diplomatic mission in respect of exchange rates applicable to its financial transactions.

(2) In the exercise of the rights granted to it in paragraph l, the Court shall take into account any representation of any State Party, in so far as it considers that it can act on it without prejudice to its own interests.

Article 11. -Communications facilities

1. The Court shall enjoy, on the territory of each State Party, for its official communications and correspondence, treatment at least as favourable as that accorded by that State Party to any other intergovernmental organization Or diplomatic mission with regard to the priorities, tariffs and taxes applicable to mail and the various forms of communication and correspondence.

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

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

4. The Court shall have the right to send and receive correspondence and other materials or communications by mail or sealed bags, which enjoy the same privileges, immunities and facilities as diplomatic couriers and bags.

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

Article 12. -Cases in which the Court performs its functions outside the seat

If the Court finds it desirable, in accordance with Article 3 (3) of the Statute, to sit elsewhere than at its seat in The Hague in the Netherlands, it may enter into an agreement with the State concerned for the provision of the facilities which will enable it Perform his or her duties.

Article 13. Representatives of States participating in the work of the Assembly and its subsidiary bodies and intergovernmental organizations

Representatives of States Parties to the Statute attending meetings of the Assembly and its subsidiary bodies, representatives of other States that may attend meetings of the Assembly and its subsidiary bodies in quality Observers pursuant to Article 112 (l) of the Statute, and the representatives of States and intergovernmental organizations invited to the meetings of the Assembly and its subsidiary bodies shall enjoy, in the performance of their functions Official and during their travel to or from the meeting place, The following privileges and immunities:

(a) immunity from arrest or detention;

(b) absolute immunity of jurisdiction for their words and writings, and for acts performed by them in their official capacity; such immunity shall remain, notwithstanding the fact that the persons concerned may have ceased to carry out their duties As representatives;

(c) inviolability of all documents and documents, regardless of form;

(d) the right to use codes or numerals, to receive papers and documents or correspondence by mail or sealed bags and to receive and send electronic communications;

(e) Exemption from all restrictions on immigration, of all formalities for the registration of foreigners and of all national service obligations in the State Party visited or crossed by them in the performance of their duties;

(j) the same privileges in terms of currency and exchange regulations as those accorded to representatives of foreign governments on temporary official missions;

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

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

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

2. Where the imposition of a tax is a function of the residence, the periods during which the representatives referred to in paragraph 1 attending the meetings of the Assembly and its subsidiary bodies are located in the territory of a State Party for the purpose of carrying out their duties shall not be considered as periods of residence.

3. The provisions of paragraphs 1 and 2 of this Article shall not apply in the case of a representative-both vis-vis the authorities of the State Party of which he is a national or of the State Party or intergovernmental organization of which he is Or was the representative.

Article 14. -Representatives of States participating in the work of the Court

The representatives of States participating in the work of the Court shall enjoy, in the course of their official duties and in the course of their journey to and from the place of work, the privileges and immunities listed 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 performance of their duties in the service of the Court, the privileges and immunities accorded to heads of mission-related missions. After the expiry of their term of office, they shall continue to enjoy absolute immunity from jurisdiction for words, writings and acts performed by them in the performance of their official duties.

2. The judges, the Prosecutor, the Deputy Prosecutors and the Registrar, as well as members of their families who are members of their household, are free to leave the country in which they are located, as well as to access the country where the Court sits. And out of it. In the course of travel related to the performance of their duties, the judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall be present in all States Parties that they must pass through all privileges, immunities and facilities granted by Those States Parties to diplomatic agents under such circumstances, in accordance with the Vienna Convention.

3. If a judge, the Prosecutor, an assistant prosecutor or the Registrar, in order to be at the disposal of the Court, resides in a State Party other than that of which he is a national or permanent resident, he shall enjoy during his stay, as well as the members Of his family members of his household, privileges, immunities and diplomatic facilities.

The judges, the Prosecutor, the Deputy Prosecutors and the Registrar, as well as members of their families who are members of their household, shall enjoy in times of international crisis the same repatriation facilities as those provided for in the Vienna Convention for Diplomatic Agents.

5. Paragraphs 1 to 4 of this Article shall apply to the judges of the Court, even after the end of their term of office, if they continue to perform their duties in accordance with Article 36, paragraph 10, of the Statute.

6. The salaries, emoluments and allowances paid by the Court to the judges, the Prosecutor, the Deputy Prosecutors and the Registrar are exempt from tax. Where the liability to any tax is dependent on the residence, the periods during which the judges, the Prosecutor, the Deputy Prosecutors and the Registrar are located in the territory of a State Party for the exercise of their Functions are not considered periods of residence for tax purposes. States Parties may take such salaries, emoluments and allowances to determine the amount of income tax to be levied on income from other sources.

7. States Parties shall not be required to exempt from income tax pensions or annuities paid to former judges, prosecutors and clerks and their dependants.

Article 16. -The Deputy Registrar, the staff of the Office of the Prosecutor and staff of the Registry

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 functions independently. They benefit:

(a) immunity from arrest, detention and seizure of their personal baggage;

(b) an absolute immunity from jurisdiction for words and writings, and for acts performed by them in their official capacity. Such immunity shall continue to be granted after the termination of their commitment to the Court;

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

(d) the exemption from any tax on the salaries, emoluments and allowances they receive from the Court. States Parties may take such salaries, emoluments and allowances for the calculation of tax on income from other sources;

(e) exemption from national service obligations;

(j) the exemption, for them and for members of their families who are members of their household, restrictions on immigration and the registration of foreigners;

(g) exemption from any inspection of their personal baggage, unless there is serious reason to believe that such baggage contains articles whose import or export is prohibited or subject to quarantine in the State Party In this case, the inspection shall take place in the presence of the official concerned;

(h) the same privileges as those accorded to officials of a comparable rank belonging to diplomatic missions accredited to the State Party concerned with respect to currency regulation;

(i) the same repatriation facilities in times of international crisis for themselves and their family members who are members of their household, than those provided for in the Vienna Convention for Diplomatic Agents;

(j) the right to import their furniture and their effects free of duty and taxes, other than payments made in respect of services rendered on the occasion of the first taking of functions in the State Party concerned, and to re-export them free of charge In the country of their home.

2. States Parties shall not be required to exempt from income tax pensions or annuities paid to former Deputy Registrars, members of the staff of the Office of the Prosecutor, members of the staff of the Registry and their dependants.

Article 17. -Locally recruited staff not otherwise covered by this Agreement

Persons recruited by the Court locally who are not otherwise covered by this Agreement shall enjoy immunity from jurisdiction for the words, writings and acts performed by them in their official capacity on behalf of the Court. Court. Such immunity shall continue to be granted after the termination of their duties for the activities carried out on behalf of the Court. Such persons shall also enjoy, during the period in which they are employed by the Court, any other facilities which may be necessary for the independent exercise of their functions.

Article 18. -Advice and assistance provided to defence counsel

The Councils shall enjoy the following privileges, immunities and facilities to the extent necessary for the independent exercise of their functions, including during their travels, for the purposes 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 words and writings, as well as for acts performed by them in their official capacity; such immunity shall continue to be granted even after the termination of their duties;

(c) inviolability of documents and documents in any form and material relating to the performance of their duties;

(d) the right to receive and ship, for the purposes of communications relating to the performance of their duties, papers or documents, whatever the form;

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

(f) exemption from the inspection of their personal baggage, unless there is serious reason to believe that such baggage contains articles whose import or export is prohibited or subject to quarantine in the State Party concerned; In this case the inspection takes place in the presence of the relevant board;

(g) same monetary and exchange control privileges as foreign government representatives on temporary official missions;

(h) the same repatriation facilities in times of international crisis as those provided for in the Vienna Convention for Diplomatic Agents.

(2) Where a Council has been appointed in accordance with the Statute, the Rules of Procedure and Evidence and the Rules of Court, it shall receive a certificate signed by the Registrar for the period necessary for the performance of his duties. If the power or mandate expires before the certificate expires, the certificate is withdrawn.

Where the liability for a tax is a function of the residence, the periods during which the advice is situated in the territory of a State Party for the performance of their duties shall not be regarded as periods of residence.

(4) The provisions of this Article shall apply mutatis mutandis to persons who provide assistance to the defence counsel in accordance with

Article 22 of the Rules of Procedure and Evidence.

Article 19. -Witnesses

(1) Witnesses shall enjoy the following privileges, immunities and facilities, to the extent necessary for the purpose of their appearance before the Court to testify, including in the case of travel caused by that appearance, subject to the Production of the document referred to in paragraph 2 of this Article:

(a) immunity from arrest or detention;

(b) without prejudice to subparagraph (d) below, immunity from seizure of their personal baggage, unless there is serious reason to believe that such baggage contains articles of which the import or export is prohibited or subject to Quarantine in the State Party concerned;

(c) absolute immunity of jurisdiction for their words and writings, as well as for acts performed by them in the course of their testimony; such immunity shall continue to be accorded even after their appearance and testimony before the Court;

(d) inviolability of documents and documents in any form and material relating to their testimony;

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

(f) exemption from immigration restrictions or foreign registration formalities when travelling for the purposes of their testimony;

(g) the same repatriation facilities in times of international crisis as those provided for in the Vienna Convention for Diplomatic Agents.

2. Witnesses who enjoy the privileges, immunities and facilities referred to in paragraph 1 of this Article shall be issued by the Court a document attesting that their presence is required at the seat of the Court and specifying the period during which This presence is necessary.

Article 20. -Victims

1. Victims participating in the procedure in accordance with Rules 89 to 91 of the Rules of Procedure and Evidence shall enjoy the following privileges, immunities and facilities, to the extent necessary to their appearance before the Court, including the Travel caused by this appearance, subject to the production of the document referred to in paragraph 2 of this article:

(a) immunity from arrest or detention;

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

(c) absolute immunity from jurisdiction for their words and writings, and for all acts performed by them in the course of their appearance before the Court, this immunity shall continue to be accorded even after their appearance before the Court;

(d) exemption from immigration restrictions or the registration of aliens when they go to the Court to appear or return.

2. Victims participating in the procedure in accordance with Rules 89 to 91 of the Rules of Procedure and Evidence which enjoy the privileges, immunities and facilities referred to in paragraph 1 of this Article shall be issued by the Court of Justice Attesting to their partici-pation in the Court's proceedings and specifying the period of such participation.

Article 21. -Experts

(1) Experts performing functions for the Court shall be granted the following privileges, immunities and facilities to the extent necessary for the indeable exercise of their functions, including during the movement caused by them, under Reserve for 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) absolute immunity from jurisdiction for their words and writings, and for all acts performed by them during the performance of their duties, such immunity shall continue to be accorded to them even after the end of their duties;

(c) inviolability of documents and documents in any form and material relating to their functions;

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

(e) exemption from the inspection of their personal baggage, unless there are serious grounds for believing that such baggage contains items for which import or export is prohibited or subject to quarantine in the State Party concerned; In this case the inspection takes place in the presence of the expert concerned;

(f) same monetary and exchange control privileges as foreign government representatives on temporary official missions;

(g) the same repatriation facilities in times of international crisis as those provided for in the Vienna Convention for Diplomatic Agents;

(h) Exemption from immigration restrictions or the registration of aliens in the performance of their duties, 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 this Article shall be issued by the Court a document certifying that they are carrying out functions on behalf of the Court and indicating the duration Of these functions.

Article 22. -Other persons whose presence is required at the seat of the Court

(1) The other persons whose presence is required at the seat of the Court shall be granted, to the extent necessary to that presence and including in the cases caused by it, the privileges, immunities and facilities provided for in the Article 20, subparagraphs (a) to (d), of this Agreement, subject to the production of the document referred to in paragraph 2 of this Article.

(2) Such persons shall be issued by the Court a document certifying that their presence is required at the seat of the Court and indicating the period during which that presence is necessary.

Article 23. -Nationals and permanent residents

At the time of signature, ratification, approval or accession, any State may declare that:

(a) Without prejudice to article 15, paragraph 6, and article 16, paragraph 1 (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 residents Of the following privileges and immunities only to the extent necessary to enable them to perform their duties or to appear before the Court in full independence:

(i) immunity from arrest and detention;

(ii) immunity from prosecution for their words and writings, as well as for acts performed by them in the performance of their duties with the Court or during their appearance or testimony; this immunity shall continue to be accorded to them When they have ceased to perform their duties with the Court, and after their appearance or testimony before the Court;

(iii) inviolability of documents and documents in any form and material relating to the performance of their duties with the Court or their compaction or their testimony before the Court;

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

(b) The persons referred to in Articles 20 and 22 shall enjoy, in the territory of the State party of which they are permanent residents, the following privileges and immunities only to the extent that they appear before them The Court:

(i) immunity from arrest and detention;

(ii) immunity from prosecution for their words and writings, as well as for acts performed by them during their appearance before the Court, this immunity shall continue to be accorded to them even after their appearance before the Court."

Article 24. -Cooperation with the authorities of States Parties

The Court shall, at any time, cooperate with the competent self-governments of the States Parties to enforce their laws and prevent any abuse to which the privileges, immunities and facilities referred to in this Agreement may be granted.

(2) Without prejudice to their privileges and immunities, all persons who enjoy privileges and immunities under this Agreement shall be bound by the laws and regulations of the State Party in which they stay or pass through The territory for the purposes of the Court. They are also required not to interfere in the internal affairs of that State.

Article 25. -Waiving 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 shall be granted to representatives of States and intergovernmental organizations not to their personal benefit but to preserve their independence in the exercise of their Functions related to the work of the Assembly, its subsidiary bodies and the Court. Therefore, States Parties not only have the right but the obligation to waive the privileges and immunities of their representatives in " all cases where, in the opinion of those States, such privileges and immunities impede the march of justice And may be removed without prejudice to the purposes for which they were granted. The privileges and immunities provided for in Articles 13 and 14 of this Agreement shall be granted to States which are not Parties and to intergovernmental organizations on the understanding that they are subject to the same lifting obligation.

Article 26. -Waiving 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 shall be granted in the interest of the proper administration of justice and not for the personal benefit of the persons concerned. They may be waived in accordance with Article 48, paragraph 5, of the Statute and the provisions of this Article and shall be removed in cases where they impede the process of justice and where they can be removed without prejudice to the Which they were granted.

2. Privileges and immunities may be waived:

(a) in the case of a judge or the Prosecutor, by decision taken by an absolute majority of the judges;

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

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

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

(e) in the case of staff referred to in Article 17, by the person at the head of the organ of the Court that employs the person concerned;

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

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

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

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

Article 27. -Social security

From the date on which the Court creates a social security scheme, the persons referred to in Articles 15, 16 and 17 shall be exempt, in respect of their benefits to the Court, from all compulsory contributions to the schemes National social security.

Article 28. -Notifications

The Registrar shall periodically communicate to all States Parties the identity of the judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar, the staff of the Office of the Prosecutor, the staff of the Registry and the counsel to whom the Provisions of this Agreement shall apply. The Registrar shall also communicate to all States Parties any changes in the status of such persons.

Article 29. -Pass-through

States Parties shall 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 Registry staff.

Article 30. -Visas

Applications for visas or permits of entry or exit (where such documents are required) from holders of United Nations laissez-passer or travel documents issued by the Court, or persons referred to in Articles 18 to 22 of the Agreement, holders of a certificate issued by the Court stating that they travel on behalf of the Court shall be considered as soon as possible by the States Parties and shall be followed free of charge.

Article 31. -Settlement of disputes with third parties

Without prejudice to the powers and responsibilities conferred on the Assembly by the Statute, the Court shall make arrangements for the regulation by appropriate means:

(a) disputes arising from contracts and other private-law disputes to which the Court is a party;

(b) disputes involving any person referred to in this Agreement who enjoys immunity as a result of his or her official status or functions with the Court, unless that immunity has been waived.

Article 32. -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 means of consultation, negotiation or by any other means agreed upon.

(2) If the dispute is not settled in accordance with paragraph 1 of this Article within three months of the written request made to that effect by one of the parties to the dispute, the dispute shall, at the request of either party, be brought before a Arbitral tribunal, in accordance with the procedure set out in paragraphs 3 to 6 of this article.

3. The arbitral tribunal shall consist of three members: each party to the dispute shall choose one and the third presiding over the tribunal shall be chosen by the other two members. If either party to the dispute has not appointed its arbitrator within two months of the other party's appointment, the latter party may apply to the President of the International Court of Justice for Proceed with this designation. In the absence of agreement between the first two members on the choice of the President of the Court within two months of their appointment, either party may request the President of the International Court of Justice to choose it.

4. Unless the parties to the dispute decide otherwise, the arbitral tribunal shall determine its own procedure, and the costs shall be borne by the parties to the dispute, in the manner determined by the court.

5. The arbitral tribunal, which shall act by a majority, shall decide the dispute on the basis of the provisions of this Agreement and the applicable rules of international law. Its decision is defmitive and binding on the parties.

6. The decision of the arbitral tribunal shall be communicated to the parties to the dispute, the Registrar and the Secretary-General.

Article 33. -Applicability of this Agreement

This Agreement shall apply without prejudice to the applicable rules of international law, including international humanitarian law.

Article 34. -Signature, ratification, acceptance, approval or accession

(1) This Agreement shall be open for signature by all States until ...... at the seat of the Court in The Hague, and thereafter up to the ........ at United Nations Headquarters in New York.

(2) This Agreement shall be subject to ratification, acceptance or approval by the signatory States. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General.

(3) This Agreement shall remain open for accession by all States. 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 deposit with the Secretary-General of the tenth instrument of ratification, acceptance, approval or accession.

2. For each State ratifying, accepting, approving or acceding to this Agreement after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the Agreement shall enter into force on the thirtieth day after the date of the deposit of its Instrument of ratification, acceptance, approval or accession with the Secretary-General.

Article 36. -Amendments

(1) Any State Party may, by written communication to the Secretary-General, propose amendments to this Agreement. The Secretary-General shall transmit this communication to all States Parties and to the Bureau of the Assembly by requesting States Parties to inform the General Assembly whether they wish to have a Review Conference of States Parties to consider the Proposal.

(2) If, within three months of the date of transmission of the communication by the Secretary-General, the majority of States Parties indicate that it is in favour of a review conference, the Secretary-General shall request the Bureau of the Assembly To convene such a conference on the occasion of the next ordinary or extraordinary session of the Assembly.

(3) Adoption of an amendment that cannot be adopted by consensus requires a two-thirds majority of States Parties present and voting, on the understanding that the majority of States Parties shall be present.

4. The Bureau of the Assembly shall immediately inform the Secretary-General of any amendments adopted at the Review Conference.

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

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

7. Where a State Party ratifies or accepts an amendment after the deposit of the required number of instruments of ratification and acceptance, that amendment shall enter into force in respect thereof on the sixtieth day following the deposit of its instrument of ratification Or acceptance.

(8) A State which becomes a Party to this Agreement after the entry into force of an amendment pursuant to paragraph 5 shall be deemed, if it does not express a different intention:

(a) be a party to this Agreement as amended; and

(b) be a party to the unamended agreement vis-à-vis any State Party that 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. Denunciation shall take effect one year after the date of receipt of the notification, unless the notification provides for a later date.

(2) Denunciation shall in no way affect the duty of any State Party to fulfil any obligation set forth in this Agreement to which it would be 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, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General.

In witness whereof, the undersigned, being duly authorized to that effect, have signed this Agreement.