Headquarters Agreement between the International Criminal Court and the host State:artikel 27

Headquarters Agreement between the International Criminal Court and the host State

Article 27 Victims

Geldend

Documentgegevens:

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.

Victims participating in the proceedings 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 for their appearance before the Court, 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 appearance before the Court, which immunity shall continue to be accorded even after their appearance before the Court;
d): inviolability of all papers, documents in whatever form and materials relating to their participation in proceedings before the Court;
e): exemption from immigration restrictions or alien registration when they travel to and from the Court for purposes of their appearance.

2.

Victims shall be provided by the Court with a document certifying their participation in the proceedings of the Court and specifying a time period for that participation. Such document shall be withdrawn prior to its expiry if the victim is no longer participating in the proceedings of the Court, or if the victim's presence at the seat of the Court is no longer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 victim concerned is no longer required by the Court, provided such victim had an opportunity to leave the host State during that period.

4.

Victims who are nationals or permanent residents of the host State shall enjoy no privileges, immunities and facilities, except, to the extent necessary for their appearance before the Court, immunity from legal process in respect of words spoken or written and all acts performed by them in the course of their appearance before the Court, which immunity shall continue to be accorded even after their appearance before the Court.

5.

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