Protocol on the status of international military Headquarters set up pursuant to the North Atlantic Treaty
Article 4
Geldend
Geldend vanaf 10-04-1954
- Bronpublicatie:
28-08-1952, Trb. 1953, 11 (uitgifte: 27-01-1953, kamerstukken/regelingnummer: -)
- Inwerkingtreding
10-04-1954
- Bronpublicatie inwerkingtreding:
08-07-1954, Trb. 1954, 83 (uitgifte: 01-01-1954, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Diplomatiek en consulair recht
The rights and obligations which the Agreement gives to or imposes upon the sending State or its authorities in respect of its forces or their civilian components or dependents shall, in respect of an Allied Headquarters and its personnel and their dependents to whom the Agreement applies in accordance with Article 2 of the present Protocol, be vested in or attached to the appropriate Supreme Headquarters and the authorities responsible under it, except that
- (a)
the right which is given by Article VII of the Agreement to the military authorities of the sending State to exercise criminal and disciplinary jurisdiction shall be vested in the military authorities of the State, if any, to whose military law the person concerned is subject;
- (b)
the obligations imposed upon the sending State or its authorities by Article II, paragraph 4 of Article III, paragraphs 5(a) and 6 (a) of Article VII, paragraphs 9 and 10 of Article VIII, and Article XIII, of the Agreement, shall attach both to the Allied Headquarters and to any State whose armed service, or any member or employee of whose armed service, or the dependent of such member or employee, is concerned;
- (c)
for the purposes of paragraphs 2(a) and 5 of Article III, and Article XIV, of the Agreement, the sending State shall be, in the case of members of a force and their dependents, the State to whose armed service the member belongs, or, in the case of members of a civilian component and their dependents, the State, if any, by whose armed service the member is employed;
- (d)
the obligations imposed on the sending State by virtue of paragraphs 6 and 7 of Article VIII of the Agreement shall attach to the State to whose armed service the person belongs whose act or omission has given rise to the claim or, in the case of a member of a civilian component, to the State by whose armed service he is employed or, if there is no such State, to the Allied Headquarters of which the person concerned is a member.
Both the State, if any, to which obligations attach under this paragraph and the Allied Headquarters concerned shall have the rights of the sending State in connection with the appointment of an arbitrator under paragraph 8 of Article VIII.