'ICC privileges and immunities' in document 'Mauritius - ICC Act 2011'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART III – STATUS AND PRIVILEGES OF INTERNATIONAL
CRIMINAL COURT

9. Seat and status of International Criminal Court

(3) The International Criminal Court shall have such immunities and privileges as may be necessary to enable it to perform its functions in Mauritius

PART III – STATUS AND PRIVILEGES OF INTERNATIONAL
CRIMINAL COURT

10. Privileges and immunities

(1) The Judges, the Prosecutor, the Deputy Prosecutors and the Registrar of the International Criminal Court, when performing their functions in Mauritius, shall be immune from the criminal and civil jurisdiction of the courts of Mauritius and shall enjoy such immunities and privileges as are accorded a representative of another State or government under the Diplomatic Relations Act and as may be prescribed.
(2) The Deputy Registrar, and the staff of the International Criminal Court, counsels, experts, witnesses and other persons involved in proceedings before the International Criminal Court shall enjoy such privileges and facilities necessary for the performance of their functions in Mauritius as may be prescribed.
(3) Any person –
(a) required to be present at the seat of the International Criminal Court; or
(b) or attending meetings of the Assembly of State Parties to the Statute, including the its subsidiary organs,
shall enjoy such privileges and facilities necessary for the performance of his functions in Mauritius as may be prescribed

RELEVANT ROME STATUTE PROVISIONS

Article 48
Privileges and immunities
1. The Court shall enjoy in the territory of each State Party such privileges and immunities as are necessary for the fulfilment of its purposes.
2. The judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall, when engaged on or with respect to the business of the Court, enjoy the same privileges and immunities as are accorded to heads of diplomatic missions and shall, after the expiry of their terms of office, continue to be accorded immunity from legal process of every kind in respect of words spoken or written and acts performed by them in their official capacity.
3. The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry shall enjoy the privileges and immunities and facilities necessary for the performance of their functions, in accordance with the agreement on the privileges and immunities of the Court.
4. Counsel, experts, witnesses or any other person required to be present at the seat of the Court shall be accorded such treatment as is necessary for the proper functioning of the Court, in accordance with the agreement on the privileges and immunities of the Court.
5. The privileges and immunities of:
(a) A judge or the Prosecutor may be waived by an absolute majority of the judges;
(b) The Registrar may be waived by the Presidency;
(c) The Deputy Prosecutors and staff of the Office of the Prosecutor may be waived by the Prosecutor;
(d) The Deputy Registrar and staff of the Registry may be waived by the Registrar.