Headquarters Agreement between the International Criminal Court and the host State:Article 28 Experts

Headquarters Agreement between the International Criminal Court and the host State

Article 28 Experts

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.

Experts, including gratis personnel, performing functions for the Court shall be accorded the following privileges, immunities and facilities to the extent necessary for the independent performance of their functions, subject to 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;

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 the performance of their functions for the Court, which immunity shall continue to be accorded even after the termination of their functions;

d)

inviolability of all papers, documents in whatever form and materials relating to the performance of their functions for the Court;

e)

for the purposes of their communications with the Court, the right to receive and send papers and documents in whatever form and materials relating to the performance of their functions for the Court by courier or in sealed bags;

f)

exemption from inspection 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; an inspection in such a case shall be conducted in the presence of the expert concerned;

g)

the same privileges in respect of currency and exchange facilities as are accorded to representatives of foreign governments on temporary official missions;

h)

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

i)

exemption from immigration restrictions or alien registration in relation to their functions as specified in the document referred to in paragraph 2 of this article.

2.

Experts shall be provided by the Court with a document certifying that they are performing functions for the Court and specifying a time period for which their functions will last. Such document shall be withdrawn prior to its expiry if the expert is no longer performing functions for the Court, or if the expert's 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 expert concerned is no longer required by the Court, provided such expert had an opportunity to leave the host State during that period.

4.

Experts who are nationals or permanent residents of the host State shall enjoy only the following privileges, immunities and facilities to the extent necessary for the independent performance of their functions or their appearance or testimony for 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 performance of their functions or in the course of their appearance or testimony, which immunity shall continue to be accorded even after they have ceased to perform their functions or their appearance or testimony;

c)

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

d)

for the purpose of their communications with the Court the right to receive and send papers in whatever form.

5.

Experts shall not be subjected by the host State to any measure which may affect the independent performance of their functions for the Court.

6.

This article shall apply, mutatis mutandis, to experts of the Assembly, including its Bureau and subsidiary bodies, whose presence is required in the host State, in connection with the work of the Assembly, including its Bureau and subsidiary bodies.

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