Privileges and Immunities - Deputy Registar, staff of the Office of the Prosecutor and staff of the Registry - APIC

Samoa

International Criminal Court Act 2007, No.26

PART VIII LEGAL STATUS OF THE ICC AND PRIVILEGES AND IMMUNITIES OF OFFICIALS OF THE ICC

108. Legal personality and privileges and immunities-

(3) The Judges, the Attorney General, the Assistant Attorneys General, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar, staff of the Office of the Attorney General and the Office of the Prosecutor and of the Registry, counsel, experts, witnesses, and other persons required to be in Samoa for the performance of official functions or for participation in proceedings before the ICC shall have the privileges and immunities set out in article 48 of the Statute and the Agreement on the Privileges and Immunities of the ICC.

(4) Article 48 of the Statute and articles 2 to 11, 13 to 22, 25 to 27, 29 and 30 of the Agreement on the Privileges and Immunities of the ICC shall have the force of law in Samoa, and references in those articles to the State Party shall, for this purpose, be construed as references to Samoa.

APIC

ARTICLE 16 Deputy Registrar, Staff of the Office of the Prosecutor and Staff of the Registry

1. The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry shall enjoy such privileges, immunities and facilities as are necessary for the independent performance of their functions. They shall be accorded:

2. States Parties shall not be obliged to exempt from income tax pensions or annuities paid to former Deputy Registrars, members of the staff of the Office of the Prosecutor, members of the staff of the Registry and their dependants.

(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 their official capacity, which immunity shall continue to be accorded even after termination of their employment with the Court;

(c) Inviolability for all official papers and documents in whatever form and materials;

(d) Exemption from taxation on the salaries, emoluments and allowances paid to them by the Court. States Parties may take these salaries, emoluments and allowances into account for the purpose of assessing the amount of taxes to be applied to income from other sources;

(e) Exemption from national service obligations;

(f) Together with members of their families forming part of their household, exemption from immigration restrictions or alien registration;

(g) 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 the 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 official concerned;

(h) The same privileges in respect of currency and exchange facilities as are accorded to the officials of comparable rank of diplomatic missions established in the State Party concerned;

(i) Together with members of their families forming part of their household, the same repatriation facilities in time of international crisis as are accorded to diplomatic agents under the Vienna Convention;

(j) The right to import free of duties and taxes, except payments for services, their furniture and effects at the time of first taking up post in the State Party in question and to re-export their furniture and effects free of duties and taxes to their country of permanent residence.