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Download XMLVerdrag betreffende de privileges en immuniteiten van het Internationaal Strafhof
Partijen met voorbehouden, verklaringen en bezwaren
| Partij | Voorbehoud / verklaring | Bezwaren |
|---|---|---|
| Argentinië | Ja | Nee |
| Bolivia | Ja | Nee |
| Botswana | Ja | Nee |
| Canada | Ja | Nee |
| Chili | Ja | Nee |
| Denemarken | Ja | Nee |
| Duitsland | Ja | Nee |
| Griekenland | Ja | Nee |
| Italië | Ja | Nee |
| Kroatië | Ja | Nee |
| Letland | Ja | Nee |
| Litouwen | Ja | Nee |
| Malta | Ja | Nee |
| Mexico | Ja | Nee |
| Moldavië | Ja | Nee |
| Nieuw-Zeeland | Ja | Nee |
| Oekraïne | Ja | Nee |
| Oostenrijk | Ja | Nee |
| Palestina | Ja | Nee |
| Polen | Ja | Nee |
| Portugal | Ja | Nee |
| Roemenië | Ja | Nee |
| Slowakije | Ja | Nee |
| Spanje | Ja | Nee |
| Tsjechië | Ja | Nee |
| Verenigd Koninkrijk | Ja | Nee |
| Zuid-Korea | Ja | Nee |
| Zwitserland | Ja | Nee |
Argentinië
01-02-2007
With reference to the provisions of article 23 of the Agreement, the Republic of Argentina
declares that:
I. 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 Republic of Argentina 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:
(a) Immunity from personal arrest and detention;
(b) 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;
(c) 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;
(d) 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.
II. A person referred to in articles 20 and 22 shall, in the territory of the Republic
of Argentina of which he or she is a national or permanent resident, enjoy only the
following privileges and immunities to the extent necessary for his or her appearance
before the Court:
(a) Immunity from personal arrest and detention;
(b) Immunity from legal process in respect of words spoken or written and all acts
performed by that person in the course of her appearance before the Court, which immunity
shall continue to be accorded even after his or her appearance before the Court.
19-05-2010
[The Argentine Government refers] to the attempt to extend the application of the
Agreement to the Islas Malvinas, Georgias del Sur and Sandwich del Sur on the part
of the United Kingdom of Great Britain and Northern Ireland dated 11 March 2010.
The Argentine Government recalls that the Islas Malvinas, Georgias del Sur and Sandwich
del Sur and the surrounding maritime areas are an integral part of the Argentine national
territory and are illegally occupied by the United Kingdom of Great Britain and Northern
Ireland, being the subject of a
sovereignty dispute between both countries which is recognized by several international
organizations.
The General Assembly of the United Nations adopted resolutions 2065 (XX), 316[0] (XXVIII),
31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, in which the sovereignty
dispute referred to as
the "Question of the Malvinas Islands" is recognized and the Governments of the Argentine
Republic
and the United Kingdom of Great Britain and Northern Ireland are urged to resume negotiations
in order
to find as soon as possible a peaceful and lasting solution to the dispute. Concurrently,
the Special
Committee on Decolonization of the United Nations has repeatedly affirmed this view.
Also, the General Assembly of the Organization of American States adopted, on 4 June
2009, a new pronouncement, in similar terms, on the question.
Therefore, the Argentine Government objects and rejects the British attempt to extend
the application of the Agreement on the Privileges and Immunities of the International
Criminal Court to the Islas Malvinas.
The Argentine Government reaffirms its legitimate sovereign rights over the Islas
Malvinas, Georgias del Sur and Sandwich del Sur and the surrounding maritime areas.
Bolivia
20-01-2006
The Republic of Bolivia declares that persons referred to in articles 15, 16, 18,
19 and 21 of this Agreement who are nationals or permanent residents of the Republic
of Bolivia, and while staying in Bolivia territory, shall enjoy only the privileges
and immunities referred to in paragraph (a) of article 23.
The persons referred to in articles 20 and 22 who are either nationals or permanent
residents shall be subject to the application of paragraph (b) of article 23 of this
Agreement.
Botswana
13-11-2008
In accordance with Article 23 of the Agreement, the Republic of Botswana declares that the persons referred to in sub-paragraphs (a) and (b) of that Article, if they are nationals or permanent residents of the Republic of Botswana, shall in the Republic of Botswana enjoy only the privileges and immunities specified in those sub-paragraphs.
Canada
22-06-2004
In accordance with Article 23 of the Agreement on the Privileges and Immunities of the International Criminal Court, Canada declares that persons referred to in articles 15, 16, 18, 19 and 21 of the Agreement who are nationals or permanent residents of Canada enjoy, while in Canada, only the privileges and immunities as required for the independent performance of his or her functions, or his or her appearance or testimony before the International Criminal Court, as laid down in Article 23.
16-01-2015
The Permanent Mission of Canada to the United Nations presents its compliments to
the Secretary-General of the United Nations and has the honour to refer to the Agreement
on the Privileges and Immunities of the International Criminal Court and the Secretary-General's
communication of 6 January 2015 C.N.12.2015.TREATIES-XVIII.13, relating to that treaty.
The Permanent Mission of Canada notes that this communication was made pursuant to
the Secretary- General's capacity as Depositary for the Agreement on the Privileges
and Immunities of the International Criminal Court. The Permanent Mission of Canada
notes the technical and administrative role of the Depositary, and that it is for
States Parties to a treaty, not the Depositary, to make their own determination with
respect to any legal issues raised by instruments circulated by a depositary.
In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet
the criteria of a state under international law and is not recognized by Canada as
a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes
to note its position that in the context of the purported Palestinian accession to
the Agreement on the Privileges and Immunities of the International Criminal Court,
'Palestine' is not able to accede to this convention, and that the Agreement on the
Privileges and Immunities of the International Criminal Court does not enter into
force, or have an effect on Canada's treaty relations, with respect to the 'State
of Palestine'.
Chili
26-09-2011
In accordance with article 23 of the Agreement on the Privileges and Immunities of the International Criminal Court, the Republic of Chile declares that persons referred to in this article who are Chileans nationals or permanent residents in the territory of the Republic of Chile shall enjoy only the privileges and immunities referred to in this article.
Denemarken
03-06-2005
....until further notice the agreement shall not aplly to the Faroe Islands.
Duitsland
02-09-2004
Germany declares according to Art. 23 of the Agreement that persons referred to in articles 15, 16, 18, 19 and 21 who are either nationals or permanent residents of the Federal Republic of Germany enjoy, while staying in German territory, only the 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 as laid down in the respective Article.
Griekenland
06-07-2007
In accordance with article 23 of the Agreement on the Privileges and Immunities of the International Criminal Court, the Hellenic Republic declares that persons referred to in this Article who are either nationals or permanent residents of the Hellenic Republic shall, in the territory of the Hellenic Republic enjoy only the privileges and immunities referred to in this Article.
Italië
20-11-2006
Pursuant to article 15, paragraph 6 of the Agreement on the Privileges and Immunities
of the International Criminal Court, Italy declares that tax exemption for salaries,
emoluments and allowances only applies to sum paid by the International Criminal Court
to eligible persons under article 15, paragraph 6; and
In accordance with article 23 of the Agreement on the Privileges and Immunities of
the International Criminal Court, Italy declares that persons referred to in articles
15, 16, 18, 19 and 21 of the Agreement who are nationals or residents of Italy enjoy,
while in Italy, only the privileges and immunities as required for the independent
performance of his or her functions, or his or her appearance or testimony before
the International Criminal Court, as laid down in article 23.
Kroatië
17-12-2004
The Republic of Croatia, pursuant to Article 23 of the Agreement on the Privileges and Immunities of the International Criminal Court, delcares that the persons referred to in that Article, who are nationals of the Republic of Croatia, or who are permanent residents of the Republic of Croatia, in the territory of the Republic of Croatia enjoy only the privileges and immunities referred to in that Article.
Letland
28-11-2006
In accordance with article 23 of the Agreement on the Privileges and Immunities of the International Criminal Court, adopted at Geneva on the 9th day of September, 2002, the Republic of Latvia declares that the persons mentioned in the article 23, that are citizens or permanent residents of the Republic of Latvia, in the territory of the Republic of Latvia enjoy only the privileges and immunities mentioned in the article 23.
Litouwen
30-12-2004
.....in accordance with Article 23 of the Agreement, the Republic of Lithuania declares that persons referred to in this article who are nationals or permanent residents of the Republic of Lithuania shall, in the territory of the Republic of Lithuania, enjoy only the privileges and immunities referred to in this article.
Malta
21-09-2011
Pursuant to Article 23 of the said Agreement, the Government of Malta declares that
persons
referred to in Articles, 15, 16, 18, 19 and 21, who are either nationals or permanent
residents of Malta
shall, in the territory of Malta, enjoy only the 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
as laid down in Article 23.
Mexico
26-09-2007
The United Mexican States declares that persons referred to in articles 15, 16, 18,
19 and 21 and persons referred to in articles 20 and 22 who are nationals or permanent
residents of Mexico shall enjoy the privileges and immunities provided for in article
23 while they are in Mexican territory.
In accordance with the regime established by the Constitution of the United Mexican
States, the International Criminal Court and its organs shall not acquire real estate
in Mexican territory.
Moldavië
17-05-2017
With reference to article 23 of the Agreement on the Privileges and Immunities of
the International Criminal Court:
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, if they are nationals of the
Republic of Moldova or are permanent residents in the Republic of Moldova, shall enjoy
in the territory of the Republic of Moldova only the privileges and immunities provided
for in article 23 (a), to the extent necessary for the independent performance of
his or her functions or his or her appearance or testimony before the Court.
The persons referred to in articles 20 and 22, if they are nationals of the Republic
of Moldova or are permanent residents in the Republic of Moldova, shall enjoy in the
territory of the Republic of Moldova only the privileges and immunities provided for
in article 23 (b) to the extent necessary for his or her appearance before the Court.
Nieuw-Zeeland
14-04-2004
.....in accordance with Article 23 of the Agreement, that persons referred to in Articles
15, 16, 18, 19 and 21 of the Agreement who are nationals or permanent residents of
New Zealand enjoy, in the territory of New Zealand, only the 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 as laid down in Article 23.
.....consistent with the constitutional status of Tokelau and taking into account
the commitment of the Government of New Zealand to the development of self-government
for Tokelau through an act of self-determination under the Charter of the United Nations,
this ratification shall not extend to Tokelau unless and until a Declaration to this
effect is lodged by the Government of New Zealand with the Depositary on the basis
of appropriate consultation with that territory.
Oekraïne
29-01-2007
In accordance with the Article 23 of the Agreement Ukraine declares that in the territory of the Ukraine citizens of Ukraine and other persons who permanently reside in Ukraine enjoy only those privileges and immunities which are determined in this Article.
20-10-2015
In February 2014 the Russian Federation launched armed aggression against Ukraine
and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea
and the city of Sevastopol, and today exercises effective control over certain districts
of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation
of the Charter of the United Nations and constitute a threat to international peace
and security. The Russian Federation, as the Aggressor State and Occupying Power,
bears full responsibility for its actions and their consequences under international
law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed
the sovereignty and territorial integrity of Ukraine within its internationally recognized
borders. The United Nations also called upon all States, international organizations
and specialized agencies not to recognize any alteration of the status of the Autonomous
Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary
occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous
Republic of Crimea and the city of Sevastopol – as a result of the armed aggression
of the Russian Federation committed against Ukraine and until the complete restoration
of the constitutional law and order and effective control by Ukraine over such occupied
territory, as well as over certain districts of the Donetsk and Luhansk oblasts of
Ukraine, which are temporarily not under control of Ukraine as a result of the aggression
of the Russian Federation, the application and implementation by Ukraine of the obligations
under the above [Convention], as applied to the aforementioned occupied and uncontrolled
territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation,
its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol
and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts
of Ukraine, which are temporarily not under control of Ukraine, are null and void
and have no legal effect regardless of whether they are presented directly or indirectly
through the authorities of the Russian Federation.
The provisions of the [Convention] regarding the possibility of direct communication
or interaction do not apply to the territorial organs of Ukraine in the Autonomous
Republic of Crimea and the city of Sevastopol, as well as in certain districts of
the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control
of Ukraine. The procedure of the relevant communication is determined by the central
authorities of Ukraine in Kyiv.
Oostenrijk
17-12-2003
In accordance with Article 23 of the Agreement, the Republic of Austria declares that persons referred to in this article who are Austrian nationals or permanent residents of Austria shall, in the territory of the Republic of Austria, enjoy only the privileges and immunities referred to in this article.
Palestina
06-02-2015
The Permanent Observer of the State of Palestine to the United Nations presents his
compliments to the Secretary-General of the United Nations, in his capacity as Depositary,
and has the honor to refer to depositary notification C.N.62.2015.TREATIES-XVIII.13,
dated 23 January 2015, conveying a communication of Canada regarding the accession
of the State of Palestine to the Agreement on the Privileges and Immunities of the
International Criminal Court, dated 9 September 2002.
The Government of the State of Palestine regrets the position of Canada and wishes
to recall United Nations General Assembly resolution 67/19 of 29 November 2012 according
Palestine ‘nonmember observer State status in the United Nations’. In this regard,
Palestine is a State recognized by the United Nations General Assembly on behalf of
the international community.
As a State Party to the Agreement on the Privileges and Immunities of the International
Criminal Court, which entered into force on 1 February 2015, the State of Palestine
will exercise its rights and honor its obligations with respect to all States Parties.
The State of Palestine trusts that its rights and obligations will be equally respected
by its fellow States Parties.
Polen
10-02-2009
In accordance with Article 23 of the Agreement, the Republic of Poland declares that persons referred to in this Article who are Polish nationals or permanent residents of the Republic of Poland shall, while staying in the territory of the Republic of Poland, enjoy only the privileges and immunities referred to in this Article.
Portugal
03-10-2007
With regard to the Agreement on the Privileges and Immunities of the International Criminal Court, Portugal declares that the persons referred to in article 23 that the Portuguese nationals or have permanent residence in Portugal enjoy in Portuguese territory only the privileges and immunities referred to in this article.
Roemenië
17-11-2005
In accordance with Article 23 of the Agreement on the Privileges and Immunities of the International Criminal Court, Romania declares that the persons referred to in Articles 15, 16, 18, 19 and 21, who are Romanian nationals or permanent residents of Romania shall, on the territory of Romania, enjoy only the privileges and immunities necessary for the independent performance of their functions or appearance or testimony before the Court stipulated in Article 23 paragraph a). The persons referred to in Articles 20 and 22, who are Romanian nationals or permanent residents of Romania shall, on the territory of Romania, enjoy only the privileges and immunities necessary for their appearance before the Court stipulated in Article 23 paragraph b).
Slowakije
26-05-2004
The Slovak Republic declares that persons referred to in Article 15, 16, 18, 19 and 21 of this Agreement who are either nationals or permanent residents of the Slovak Republic shall, in the territory of the Slovak Republic, enjoy only the privileges and immunities referred to in Article 23 paragraph a) of this Agreement. Persons referred to in Articles 20 and 22 of this Agreement, who are either nationals or permanent residents of the Slovak Republic shall, in the territory of the Slovak Republic, enjoy only the privileges and immunities referred to in Article 23 paragraph b) of this Agreement.
Spanje
24-09-2009
The Kingdom of Spain declares that, in accordance with article 23 of the Agreement on Privileges and Immunities of the International Criminal Court, the persons referred to in that article who are nationals or permanent residents of Spain, will only enjoy the privileges and immunities as required for the independent performance of their functions or their appearance or testimony before the Court, as laid down in article 23.
Tsjechië
04-05-2011
In accordance with Article 23 (a) and (b) of the Agreement on the Privileges and Immunities of the International Criminal Court the Czech Republic declares that citizens of the Czech Republic or persons with permanent residence in the territory of the Czech Republic enjoy, in the territory of the Czech Republic, the privileges and immunities to the exten[t] as laid down in Article 23.
Verenigd Koninkrijk
25-01-2008
In accordance with Article 23 of the Agreement, the United Kingdom declares that the
persons referred to in sub-paragraphs (a) and (b) of that Article, if they are nationals
or permanent residents of the United Kingdom, shall in the United Kingdom enjoy only
the privileges and immunities specified in those sub-paragraphs.
The United Kingdom shall not be bound by Article 15, paragraph 3.
Zuid-Korea
18-10-2006
The Republic of Korea, in accordance with Article 23 of the Agreement, declares that persons referred to in Article 15, 16, 18, 19 and 21 who are Korean nationals or permanent residents of Korea shall, in the Korean territory, enjoy only the privileges and immunities to the extent necessary for the independent performance of his/her functions, or his/her appearance or testimony before the Court as laid down in Article 23 paragraph (a), and persons referred to in Article 20 and 22 who are Korean nationals or permanent residents of Korea shall, in the Korean territory, enjoy only the privileges and immunities to the extent necessary for his/her appearance before the Court as laid down in Article 23 paragraph (b).
Zwitserland
25-09-2012
In accordance with article 23 of the Agreement, Switzerland declares that persons referred to in this article who are Swiss nationals or permanent residents of Switzerland shall, in the territory of Switzerland, enjoy only the privileges and immunities referred to in this article.