prop · GR03171 · 2004-06-18 00:00:00 — 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, including the time spent on journeys in connection with 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; (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 State Party concerned; (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)Exemption from immigration restrictions or alien registration when they to and from the Court for purposes of their appearance. Victims participating in the proceedings in accordance with rules 89 to 91 of the Rules of Procedure and Evidence who enjoy the privileges, immunities and facilities referred to in paragraph 1 of this article 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 Experts performing functions for the Court shall be accorded the following privileges, immunities and facilities to the extent necessary for the independent exercise of their functions, including the time spent on journeys in connection with their functions, subject to production of the document referred to in paragraph 2 of this article: (a)Immunity from personal arrest or detention and from seizure of their personal baggage; (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 the performance of their functions for the Court, which immunity shall continue to be accorded even after the termination of their functions; (c)Inviolability of papers and documents in whatever form and materials relating to their functions for the Court; (d)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 their functions for the Court by or in sealed bags; (e)Exemption from inspection of 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 State Party concerned; an inspection in such a case shall be conducted in the presence of the expert concerned; (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 repatriation facilities in time of international crisis as are accorded to diplomatic agents under the Convention; (h)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. Experts who enjoy the privileges, immunities and facilities referred to in paragraph 1 of this article 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. Other persons required to be present at the seat of the Court 1.Other persons required to be present at the seat of the Court shall, to the extent necessary for their presence at the seat of the Court, including the time spent on journeys in connection with their presence, be accorded the privileges, immunities and facilities provided for in article 20, paragraph 1, subparagraphs (a) to (d), of the present Agreement, subject to production of the document referred to in paragraph 2 of this article. 2.Other persons required to be present at the seat of the Court shall be provided by the Court with a document certifying that their presence is required at the seat of the Court and specifying a time period during which such presence is necessary. Nationals and permanent residents At the time of signature, ratification, acceptance, approval or accession, any State may declare that: (a)Without prejudice to paragraph 6 of article 15 and paragraph 1 (d) of article 16, a person referred to in articles 15, 16, 18, 19 and 21 shall, in the territory of the State Party of which he or she is a national or permanent resident, enjoy only the following privileges and immunities to the extent necessary for the independent performance of his or her functions or his or her appearance or testimony before the Court: iii)Immunity from personal arrest and detention; iv)Immunity from legal process of every kind in respect of words spoken or written and all acts performed by that person in the performance of his or her functions for the Court or in the course of his or her appearance or testimony, which immunity shall continue to be accorded even after the person has ceased to exercise his or her functions for the Court or his or her appearance or testimony before it; v)Inviolability of papers and documents in whatever form and materials relating to the exercise of his or her functions for the Court or his or her appearance or testimony before it; vi)For the purposes of their communications with the Court and for a person referred to in article 19, with his or her counsel in connection with his or her testimony, the right to receive and send papers in whatever form. (b)A person referred to in articles 20 and 22 shall, in the territory of the State Party of which he or she is a national or permanent resident, only the following privileges and immunities to the extent necessary for his or her appearance before the Court: Immunity from personal arrest and detention; Immunity from legal process in respect of words spoken or written and all acts performed by that person in the course of his or her appearance before the Court, which immunity shall continue to be accorded even after his or her appearance before Cooperation with the authorities of States Parties 1.The Court shall cooperate at all times with the appropriate authorities of States Parties to facilitate the enforcement of their laws and to prevent the occurrence of any abuse in connection with the privileges, immunities and facilities referred to in the present Agreement. 2.Without prejudice to their privileges and immunities, it is the duty of all persons enjoying privileges and immunities under the present Agreement to respect the laws and regulations of the State Party in whose territory they may be on the business of the Court or through whose territory they may pass on such business. They also have a duty not to interfere in the internal affairs of that State. Waiver of privileges and immunities provided for in articles 13 and 14 Privileges and immunities provided for in articles 13 and 14 of the present Agreement are accorded to the representatives of States and intergovernmental organizations not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with the work of the Assembly, its subsidiary organs and the Court. Consequently, States Parties not only have the right but are under a duty to waive the privileges and immunities of their representatives in any case where, in the opinion of those States, they would impede the course of and can be waived without prejudice to the purpose for which the privileges and immunities are accorded. States not party to the present Agreement and intergovernmental organizations are granted the privileges and immunities provided for in articles 13 and 14 of the present Agreement on the understanding that they undertake the same duty regarding waiver. Waiver of privileges and immunities provided for in articles 15 to 22 The privileges and immunities provided for in articles 15 to 22 of the present Agreement are granted in the interests of the good administration of and not for the personal benefit of the Such privileges and immunities may be waived in accordance with article 48, paragraph 5, of the Statute and the provisions of this article and there is a duty to do so in any particular case where they would impede the course of and can be waived without prejudice to the purpose for which they are accorded. The privileges and immunities may be waived: (a)In the case of a judge or the Prosecutor, by an absolute majority of the judges; (b)In the case of the Registrar, by the Presidency; (c)In the case of the Deputy Prosecutors and the staff of the Office of the Prosecutor, by the Prosecutor; (d)In the case of the Deputy Registrar and the staff of the Registry, by the Registrar; (e)In the case of personnel referred to in article 17, by the head of the organ of the Court employing such personnel; (f)In the case of counsel and persons assisting defence counsel, by the Presidency; (g)In the case of witnesses and victims, by the Presidency; (h)In the case of experts, by the head of the organ of the Court appointing the expert; (i)In the case of other persons required to be present at the seat of the Court, by the Presidency. From the date on which the Court establishes a social security scheme, the persons referred to in articles 15, 16 and 17 shall, with respect to services rendered for the Court, be exempt from all compulsory contributions to national social security schemes. The Registrar shall communicate periodically to all States Parties the categories and names of the judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar, the staff of the Office of the Prosecutor, the staff of the Registry and counsel to whom the provisions of the present Agreement apply. The Registrar shall also communicate to all States Parties information on any change in the status of these persons. The States Parties shall recognize and accept the United Nations laissez-passer or the document issued by the Court to the judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry as valid documents. Applications for visas or entry/exit permits, where required, from all persons who are holders of the United Nations laissez-passer or of the document issued by the Court, and also from persons referred to in articles 18 to 22 of the present Agreement who have a certificate issued by the Court confirming that they are travelling on the business of the Court, shall be dealt with by the States Parties as speedily as possible and granted free of charge. Settlement of disputes with third parties The Court shall, without prejudice to the powers and responsibilities of the Assembly under the Statute, make provisions for appropriate modes of settlement of: (a)Disputes arising out of contracts and other disputes of a private law character to which the Court is a party; (b)Disputes involving any person referred to in the present Agreement who, by reason of his or her official position or function in connection with the Court, enjoys immunity, if such immunity has not been waived. Settlement of differences on the interpretation or application of the present Agreement All differences arising out of the interpretation or application of the present Agreement between two or more States Parties or between the Court and a State Party shall be settled by consultation, negotiation or other agreed mode of settlement. If the difference is not settled in accordance with paragraph 1 of this article within three months following a written request by one of the parties to the difference, it shall, at the request of either party, be referred to an arbitral tribunal according to the procedure set forth in paragraphs 3 to 6 of this article. The arbitral tribunal shall be composed of three members: one to be chosen by each party to the difference and the third, who shall be the chairman of the tribunal, to be chosen by the other two members. either party has failed to make its appointment of a member of the tribunal within two months of the appointment of a member by the other party, that other party may invite the President of the International Court of to make such appointment. Should the first two members fail to agree upon the appointment of the chairman of the tribunal within two months following their appointment, either party may invite the President of the International Court of to choose the chairman. 4.Unless the parties to the difference otherwise agree, the arbitral tribunal shall determine its own procedure and the expenses shall be borne by the parties as assessed by the tribunal. 5.The arbitral tribunal, which shall decide by a majority of votes, shall reach a decision on the difference on the basis of the provisions of the present Agreement and the applicable rules of international law. The decision of the arbitral tribunal shall be final and binding on the parties to the difference. 6.The decision of the arbitral tribunal shall be communicated to the parties to the difference, to the Registrar and to the Secretary-General. Applicability of the present Agreement The present Agreement is without prejudice to relevant rules of international law, including international humanitarian law. Signature, ratification, acceptance, approval or accession 1.The present Agreement shall be open for signature by all States from until 30 2004 at United Nations Headquarters in . 2.The present Agreement is subject to ratification, acceptance or approval by signatory States. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General. 3.The present Agreement shall remain open for accession by all States. The instruments of accession shall be deposited with the Secretary-General. 1.The present Agreement shall enter into force thirty days after the date of deposit with the Secretary-General of the tenth instrument of ratification, acceptance, approval or accession. 2.For each State ratifying, accepting, approving or acceding to the present Agreement after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the Agreement shall enter into force on the thirtieth day following the deposit with the Secretary- General of its instrument of ratification, acceptance, approval or accession. may, by written communication addressed to the Secretariat of the Assembly, propose amendments to the present Agreement. The Secretariat shall circulate such communication to all States Parties and with a request that States Parties notify the Secretariat whether they favour a Review Conference of States Parties to discuss the proposal. If, within three months from the date of circulation by the Secretariat of the Assembly, a majority of States Parties notify the Secretariat that they favour a Review Conference, the Secretariat shall inform with a view to convening such a Conference in connection with the next regular or special session of the Assembly. The adoption of an amendment on which consensus cannot be reached shall require a two-thirds majority of States Parties present and voting, provided that a majority of States Parties is present. shall immediately notify the Secretary- General of any amendment that has been adopted by the States Parties at a Review Conference. The Secretary-General shall circulate to all States Parties and signatory States any amendment adopted at a Review Conference. An amendment shall enter into force for States Parties which have ratified or accepted the amendment sixty days after two thirds of the States which were Parties at the date of adoption of the amendment have deposited instruments of ratification or acceptance with the Secretary- General. For each State Party ratifying or accepting an amendment after the deposit of the required number of instruments of ratification or acceptance, the amendment shall enter into force on the sixtieth day following the deposit of its instrument of ratification or acceptance. A State which becomes a Party to the present Agreement after the entry into force of an amendment in accordance with paragraph 5 shall, failing an expression of different intention by that State: (a)Be considered a Party to the present Agreement as so amended; and (b)Be considered a Party to the unamended Agreement in relation to any State Party not bound by the amendment. 1.A State Party may, by written notification addressed to the Secretary-General, denounce the present Agreement. The denunciation shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date. 2.The denunciation shall not in any way affect the duty of any State Party to fulfil any obligation embodied in the present Agreement to which it would be subject under international law independently of the present Agreement. The Secretary-General shall be the depositary of the present Agreement. The original of the present Agreement, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General. IN WITNESS THEREOF, the undersigned, being duly authorized thereto, have signed the present Agreement. Utdrag ur protokoll vid regeringssammanträde Närvarande: statsrådet , ordförande, och statsråden , , , , , , , , , , Andnor, Nuder, , , , Jämtin Regeringen beslutar proposition 2003/04:171 tillträde till avtalet om immunitet och privilegier för