Agreement on the Privileges and Immunities of the International Criminal Court (ICC)

Agreement on the Privileges and Immunities of the International Criminal Court

This Agreement was drawn up by United Nations Legal Officers on the direction of the Preparatory Commission of the ICC. It was adopted by the 1st Assembly of States Parties of the ICC on 9 September 2002 and opened for signature on 10 September 2002.

The Agreement provides for the conferral of privileges and immunities on the Court and certain categories of persons connected with the Court within the territory of each State Party. It provides for the following, inter alia:

(i) the inviolability of the Court’s premises (to be located in The Hague but transferable to another location by agreement with the government of the State concerned);

(ii) immunity from legal proceedings for the Court and its property, funds and assets;

(iii) inviolability of the Court’s archives and documents;

(iv) exemption for the Court from tax, customs duties and import/export restrictions;

(v) exemption from currency restrictions;

(vi) privileges and immunities to be conferred on the Representatives of States and intergovernmental organisations participating in the Assembly of States Parties, its subsidiary organs or the proceedings of the Court;

(vii) privileges and immunities to be conferred on the Judges, Prosecutor, Deputy Prosecutors, Registrar, Deputy Registrar and staff of the Office of the Prosecutor and of the Registry of the Court;

(viii) privileges and immunities to be conferred on Counsel, witnesses, experts, victims and any other individuals engaged in cases before the Court.

The Agreement provides for waiver of the privileges and immunities, which are granted in the interests of good administration of justice and not for the personal benefit of the individuals themselves.

Since the Court is located in The Hague, the practical implications of this Agreement to other countries are likely to be few. The Agreement is most likely to be of practical relevance when persons covered by the privileges and immunities provisions are transiting through the UK to and from the Court in The Hague. For example, whilst travelling through the signatory country in such cases, Representatives of States participating in the Court’s proceedings, the Deputy-Registrar and staff of the Office of the Prosecutor and staff of the Registry, Counsel, witnesses and victims participating in legal proceedings, and experts performing functions for the Court will all enjoy, inter alia, official act immunity, inviolability for official papers and exemption from immigration restrictions. The Judges, Prosecutor, Deputy Prosecutor and Registrar will enjoy the same privileges and immunities accorded to a diplomatic agent travelling through the UK, if doing so in the exercise of their functions for the Court.

Author: international

Mentioned in these Entries

International Criminal Court Part 25, International Criminal Court, country.