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| Entry into force: | 22 July 2004, in accordance with article 35 (1) which reads as follows: "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, aceptance approval or accession, the Agreement shall enter into force on the thirthieth day following the deposit with the Secretary-General of its instrument of ratification, acceptance, approval or accession.". |
| Registration: | 22 July 2004, No. 40446. |
| Status: | Signatories: 62 ,Parties: 52. |
| Text: | United Nations, Treaty Series, vol. 2271, p. 3. |
Note: The above Agreement was adopted during the meeting of the Assembly of the States Parties, held from 3 to 10 September 2002, at United Nations Headquarters in New York. The Agreement is open for signature by all States as from 10 September 2002 at United Nations Headquarters in New York and will remain open for signature until 30 June 2004.
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| Participant | Signature | Ratification, Acceptance (A), Approval (AA), Accession (a), Succession (d) |
| Albania | 2 Aug 2006 a | |
| Andorra | 21 Jun 2004 | 11 Feb 2005 |
| Argentina | 7 Oct 2002 | 1 Feb 2007 |
| Austria | 10 Sep 2002 | 17 Dec 2003 |
| Bahamas | 30 Jun 2004 | |
| Belgium | 11 Sep 2002 | 28 Mar 2005 |
| Belize | 26 Sep 2003 | 14 Sep 2005 |
| Benin | 10 Sep 2002 | 24 Jan 2006 |
| Bolivia | 23 Mar 2004 | 20 Jan 2006 |
| Brazil | 17 May 2004 | |
| Bulgaria | 2 May 2003 | 28 Jul 2006 |
| Burkina Faso | 7 May 2004 | 10 Oct 2005 |
| Canada | 30 Apr 2004 | 22 Jun 2004 |
| Central African Republic | 6 Oct 2006 a | |
| Colombia | 18 Dec 2003 | |
| Costa Rica | 16 Sep 2002 | |
| Croatia | 23 Sep 2003 | 17 Dec 2004 |
| Cyprus | 10 Jun 2003 | 18 Aug 2005 |
| Democratic Republic of the Congo | 3 Jul 2007 a | |
| Denmark1 | 13 Sep 2002 | 3 Jun 2005 |
| Ecuador | 26 Sep 2002 | 19 Apr 2006 |
| Estonia | 27 Jun 2003 | 13 Sep 2004 |
| Finland | 10 Sep 2002 | 8 Dec 2004 A |
| France | 10 Sep 2002 | 17 Feb 2004 AA |
| Germany | 14 Jul 2003 | 2 Sep 2004 |
| Ghana | 12 Sep 2003 | |
| Greece | 25 Sep 2003 | 6 Jul 2007 |
| Guinea | 1 Apr 2004 | |
| Guyana | 16 Nov 2005 a | |
| Hungary | 10 Sep 2002 | 22 Mar 2006 |
| Iceland | 10 Sep 2002 | 1 Dec 2003 |
| Ireland | 9 Sep 2003 | 20 Nov 2006 |
| Italy | 10 Sep 2002 | 20 Nov 2006 |
| Jamaica | 30 Jun 2004 | |
| Jordan | 28 Jun 2004 | |
| Latvia | 29 Jun 2004 | 23 Dec 2004 |
| Lesotho | 16 Sep 2005 a | |
| Liberia | 16 Sep 2005 a | |
| Liechtenstein | 21 Sep 2004 a | |
| Lithuania | 25 May 2004 | 30 Dec 2004 |
| Luxembourg | 10 Sep 2002 | 20 Jan 2006 |
| Madagascar | 12 Sep 2002 | |
| Mali | 20 Sep 2002 | 8 Jul 2004 |
| Mexico | 26 Sep 2007 a | |
| Mongolia | 4 Feb 2003 | |
| Montenegro2 | 23 Oct 2006 d | |
| Namibia | 10 Sep 2002 | 29 Jan 2004 |
| Netherlands | 11 Sep 2003 | |
| New Zealand3 | 22 Oct 2002 | 14 Apr 2004 |
| Norway | 10 Sep 2002 | 10 Sep 2002 |
| Panama | 14 Apr 2003 | 16 Aug 2004 |
| Paraguay | 11 Feb 2004 | 19 Jul 2005 |
| Peru | 10 Sep 2002 | |
| Poland | 30 Jun 2004 | |
| Portugal | 10 Dec 2002 | 3 Oct 2007 |
| Republic of Korea | 28 Jun 2004 | 18 Oct 2006 |
| Romania | 30 Jun 2004 | 17 Nov 2005 |
| Senegal | 19 Sep 2002 | |
| Serbia | 18 Jul 2003 | 7 May 2004 |
| Sierra Leone | 26 Sep 2003 | |
| Slovakia | 19 Dec 2003 | 26 May 2004 |
| Slovenia | 25 Sep 2003 | 23 Sep 2004 |
| Spain | 21 Apr 2003 | |
| Sweden | 19 Feb 2004 | 13 Jan 2005 |
| Switzerland | 10 Sep 2002 | |
| The Former Yugoslav Republic of Macedonia | 19 Oct 2005 a | |
| Trinidad and Tobago | 10 Sep 2002 | 6 Feb 2003 |
| Uganda | 7 Apr 2004 | |
| Ukraine | 29 Jan 2007 a | |
| United Kingdom of Great Britain and Northern Ireland | 10 Sep 2002 | |
| United Republic of Tanzania | 27 Jan 2004 | |
| Uruguay | 30 Jun 2004 | 3 Nov 2006 |
| Venezuela (Bolivarian Republic of) | 16 Jul 2003 |
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Declaration:
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.
Declaration:
"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."
Declaration:
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.
Declaration:
"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."
Declaration:
"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."
Declaration:
"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."
Declaration:
"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."
Declarations:
"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."
28 November 2006
Reservation to article 23 of the Agreement:
"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."
*[Within a period of 12 months from the date of circulation of the depositary notification (i.e. 28 November 2005), none of the Contracting States to the above Agreement notified the Secretary-General of an objection. Consequently the reservation is deemed to have been accepted for deposit upon the expiration of the 12 month period, i.e., on 28 November 2006.]
Declaration:
".....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."
Declaration:
".....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."
Declaration:
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.
Reservation:
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.
Declaration:
"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 are Portuguese nationals or have permanent residence in Portugal enjoy in Portuguese territory only the privileges and immunities referred to in this article."
Declaration:
"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)."
Declaration:
"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)".
Declaration:
"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."
Declaration:
"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."
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1. With the following territorial exclusion:
.....until further notice the agreement shall not apply to the Faroe Islands.
2. See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.
3. See note 1 under "New Zealand" regarding Tokelau in the "Historical Information" section in the front matter of this volume.
Further, upon ratification, the Government of New Zealand made the following territorial declaration:
".....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."
4. In keeping with the depositary practice followed in similar cases, the Secretary-General received the reservation in deposit in the absence of any objection on the part of any of the Contracting States, either to the deposit itself or to the procedure envisaged, within a period of 12 months from the date of the corresponding depositary notification lodged with the Secretary-General on 14 November 2005. As such, the above reservation was accepted in deposit upon the expiration of the above-stipulated 12-month period, that is on 28 November 2006.