Headquarters Agreement between the International Criminal Court and the host State:Article 26 Witnesses

Headquarters Agreement between the International Criminal Court and the host State

Article 26 Witnesses

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

1.

Witnesses shall enjoy the following privileges, immunities and facilities to the extent necessary for their appearance before the Court for purposes of giving evidence, subject to the production of the document referred to in paragraph 2 of this article:

a)

immunity from personal arrest or detention or any other restriction of their liberty in respect of acts or convictions prior to their entry into the territory of the host State;

b)

immunity from seizure of their personal baggage unless there are serious grounds for believing that the baggage contains articles the import or export of which is prohibited by law or controlled by the quarantine regulations of the host State;

c)

immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in the course of their testimony, which immunity shall continue to be accorded even after their appearance and testimony before the Court;

d)

inviolability of all papers, documents in whatever form and materials relating to their testimony;

e)

for purposes of their communications with the Court and counsel in connection with their testimony, the right to receive and send papers and documents in whatever form;

f)

exemption from immigration restrictions or alien registration when they travel for purposes of their testimony;

g)

the same repatriation facilities in time of international crisis as are accorded to diplomatic agents under the Vienna Convention.

2.

Witnesses shall be provided by the Court with a document certifying that their appearance is required by the Court and specifying a time period during which such appearance is necessary. This document shall be withdrawn prior to its expiry if the witness's appearance before the Court, or his or her presence at the seat of the Court is no longer required.

3.

The privileges, immunities and facilities referred to in paragraph 1 of this article shall cease to apply after fifteen consecutive days following the date on which the presence of the witness concerned is no longer required by the Court, provided such witness had an opportunity to leave the host State during that period.

4.

Witnesses who are nationals or permanent residents of the host State shall enjoy only the following privileges, immunities and facilities to the extent necessary for their appearance or testimony before the Court:

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 the course of their appearance or testimony, which immunity shall continue to be accorded even after their appearance or testimony;

c)

inviolability of all papers, documents in whatever form and materials relating to their appearance or testimony;

d)

for the purpose of their communications with the Court and with their counsel in connection with their appearance or testimony, the right to receive and send papers in whatever form.

5.

Witnesses shall not be subjected by the host State to any measure which may affect their appearance or testimony before the Court.

Deze functie is alleen te gebruiken als je bent ingelogd.