Einde inhoudsopgave
Headquarters Agreement between the International Criminal Court and the host State
Article 21 Representatives of States participating in the proceedings of the Court
Geldend
Geldend vanaf 01-03-2008
- Bronpublicatie:
07-06-2007, Trb. 2007, 125 (uitgifte: 17-07-2007, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-03-2008
- Bronpublicatie inwerkingtreding:
04-03-2008, Trb. 2008, 31 (uitgifte: 01-01-2008, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Rechtshandhaving
Internationaal strafrecht / Internationale tribunalen
1.
Representatives of States participating in the proceedings of the Court shall, while performing their official functions in the host State, enjoy the following privileges, immunities and facilities:
- a)
immunity from personal arrest or detention or any other restriction of their liberty;
- b)
immunity from legal process of every kind in respect of words spoken or written, and all acts performed by them in their official capacity; such immunity shall continue to be accorded even after they have ceased to perform their functions as representatives;
- c)
inviolability of all papers, documents in whatever form and materials;
- d)
the right to use codes or cipher, to receive papers and documents or correspondence by courier or in sealed bags and to receive and send electronic communications;
- e)
exemption from immigration restrictions, alien registration requirements and national service obligations;
- f)
the same privileges in respect of currency and exchange facilities as are accorded to representatives of foreign governments on temporary official missions;
- g)
the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic agents under the Vienna Convention;
- h)
the same protection and repatriation facilities in time of international crisis as are accorded to diplomatic agents under the Vienna Convention;
- i)
such other privileges, immunities and facilities not inconsistent with the foregoing as diplomatic agents enjoy, except that they shall have no right to claim exemption from customs duties on goods imported (otherwise as part of their personal baggage) or from excise duties or sales taxes.
2.
Where the incidence of any form of taxation depends upon residence, periods during which the representatives referred to in paragraph 1 of this article are present in the host State for the discharge of their functions shall not be considered as periods of residence.
3.
The provisions of paragraphs 1 and 2 of this article are not applicable as between a representative and the authorities of the host State if he or she is a national or permanent resident of the host State or if he or she is or has been a representative of the host State.
4.
Representatives of States referred to in paragraph 1 of this article shall not be subjected by the host State to any measure which may affect the free and independent performance of their functions before the Court.