Diplomatic Privileges and Immunities Act 1968

10D Privileges and immunities of International Criminal Court and its Judges, Prosecutor, Deputy Prosecutors, and staff

(1)

In this section and section 10E,—

Agreement means the Agreement on the Privileges and Immunities of the International Criminal Court adopted by the Assembly of States Parties on 9 September 2002

Assembly of States Parties means the Assembly of States Parties to the Rome Statute

ICC means the International Criminal Court established under the Rome Statute; and includes any of the organs of the International Criminal Court referred to in the Rome Statute

Rome Statute means the Rome Statute of the International Criminal Court dated 17 July 1998 (the English text of which is set out in the Schedule of the International Crimes and International Criminal Court Act 2000).

(2)

The Governor-General may, by Order in Council, confer such privileges and immunities as may be required by—

(a)

Article 48(1) of the Rome Statute or Articles 2 to 12 of the Agreement, or both, on the ICC:

(b)

Article 48(2) of the Rome Statute or Article 15 of the Agreement, or both, on the following persons:

(i)

Judges of the ICC:

(ii)

the Prosecutor of the ICC:

(iii)

Deputy Prosecutors of the ICC:

(iv)

the Registrar of the ICC:

(c)

Article 48(3) of the Rome Statute or Article 16 of the Agreement, or both, on the following persons:

(i)

the Deputy Registrar of the ICC:

(ii)

staff of the Office of the Prosecutor of the ICC:

(iii)

staff of the Registry of the ICC:

(d)

Article 48(4) of the Rome Statute or Articles 18 to 22 of the Agreement, or both, on counsel, witnesses, victims, experts, and any other person required to be present at the seat of the ICC:

(e)

Article 14 of the Agreement on representatives of States participating in the proceedings of the ICC:

(f)

Article 17 of the Agreement on personnel recruited locally by the ICC, other than persons referred to in paragraphs (b) to (e).

(3)

An Order in Council made under subsection (2) may—

(a)

confer privileges and immunities on New Zealand citizens and permanent residents subject to some or all of the limitations set out in Article 23 of the Agreement; and

(b)

refer to the purpose of conferring the privileges and immunities (as set out in Articles 25 and 26 of the Agreement); and

(c)

refer to how the privileges and immunities may be waived (as set out in Article 48(5) of the Rome Statute and Articles 25 and 26 of the Agreement); and

(d)

extend the privileges and immunities conferred on the persons referred to in subsection (2)(b) and (c) to members of their families forming part of their households (as contemplated by Article 48(2) of the Rome Statute and to the extent provided in Articles 15 and 16 of the Agreement).

Section 10D: substituted, on 2 March 2004, by section 5 of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).