III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

Attendance of Representatives of the International Criminal Court

Article 15

The state authority undertaking the action to provide legal assistance at the request of the International Criminal Court shall permit representatives thereof to witness the implementation of the legal assistance action.

The representatives of the International Criminal Court witnessing the implementation of the legal assistance action may ask questions and make proposals, and they may be granted video or sound recording of the action upon written request containing rationale should it not hinder the implementation or be inconsistent with justified interests of the persons witnessing the action and/or with the objectives of the criminal proceeding.

At their request the International Criminal Court representatives shall be provided with a copy of the minutes, and/or a copy of the video and sound recording of the legal assistance action.

The International Criminal Court representatives may be exceptionally allowed to also witness an action which excludes the public pursuant to the provisions of the Criminal Procedure Code should it not be contrary to the reasons for which the public is excluded.

In the case referred to in paragraph 4 of this Article, the state authority implementing the action shall specifically bring to the attention of the witnesses their duty to keep all facts they have learnt during the action secret, also warning them about the consequences of disclosing the secret.

VI IMMUNITY AND FREE TRANSIT THROUGH THE TERRITORY OF THE REPUBLIC OF SERBIA

Agreement on Immunity and Privileges

Article 34

Judges, the Prosecutor, Deputy Prosecutors, the Secretary, Deputy Secretaries, the Prosecutor's Office staff and the International Criminal Court Secretary staff, when carrying out tasks in the interest of the International Criminal Court in the territory of the Republic of Serbia, enjoy the immunities in accordance with the agreement on the immunities and the privileges concluded between the Republic of Serbia and the International Criminal Court.

VI IMMUNITY AND FREE TRANSIT THROUGH THE TERRITORY OF THE REPUBLIC OF SERBIA

Free Transit Through the Territory of the Republic of Serbia

Article 35

Competent state authorities shall, upon request of the International Criminal Court, secure free transit to persons travelling through the territory of the Republic of Serbia who work for the International Criminal Court or whose business is of importance to the International Criminal Court.

Due to circumstances of a case, where necessary, the competent state authorities shall provide the persons referred to in paragraph 1 of this Article with proper police or other type of escort.

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.