Agreement On The Privileges And Immunities Of The International Criminal Court

This agreement does not affect the relevant rules of international law, including international humanitarian law. 49. I can only agree with his request, despite the politically unattractive title of this agreement. It is a simple question of practicality, such as the possibility of negotiating the necessary insurance coverage, that the Court of Justice and its officials are able to act under the conditions of independence guaranteed by the agreement, adapted to the delicate and sometimes dangerous nature of their work. The Court of Justice has an international legal personality and also has the legal capacity to carry out its functions and achieve its objectives. In particular, it is able to enter into contracts, acquire and transfer real estate and furniture and participate in legal proceedings. 11. In 2002, the Assembly was very concerned about the efforts of some States to undermine the integrity of the ICC treaty and, in particular, to conclude bilateral agreements to exempt their officials, military personnel and nationals from the jurisdiction of the Court (« exceptional bilateral agreements »). The United States argues that Article 98, paragraph 2, of the Rome Statute has the legal basis for such agreements. However, many legal experts, including those involved in the development of the ICC treaty, argue that Article 98, paragraph 2, was intended to avoid conflicts that might arise as a result of existing agreements.

These are mainly « status of forces » agreements, which provide for the division of powers between the State of origin (whose troops are stationed in another state) and the host state. Article 98, paragraph 2, was certainly not intended to induce States to enter into agreements that prevent the Court from exercising its jurisdiction. 1. Judges, prosecutors, assistant prosecutors and the Clerk, when performing duties in the affairs of the Court, enjoy the same privileges and immunities as those granted to heads of diplomatic missions and, at the end of their term of office, enjoy immunity from any form of judicial procedure with respect to the words and acts spoken or written within their official capacity. 9. The Assembly considers these agreements to be violations of the Rome Statute of the ICC (including Articles 27 and 86, Article 98, paragraph 2, which allows only exceptions strictly defined under contractual status agreements) and the Vienna Convention on Treaty Law (Article 18), under which States must refrain from any act that is not compatible with the purpose and purpose of a treaty.

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