PART VII
SITTINGS OF THE ICC IN SAMOA


103. ICC powers while sitting in Samoa -

(1) When the ICC is sitting in Samoa it may discharge and exercise any or all of its functions and powers as provided for under the Statute and under the Rules.

(2) Without prejudice to the generality of subsection (1), the ICC shall have the power to -

(a) commit persons for contempt of its orders; or
(b) issue summons or other orders requiring the attendance of any person before the ICC or the production of any document or record for examination by the ICC;

(3) Orders or summons issued by the ICC under this section, including committal orders for contempt, shall be enforced by the domestic authorities of Samoa as if the order had been issued by a domestic court in Samoa.

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


108. Legal personality and privileges and immunities -

(1) The ICC shall have legal personality in Samoa with such legal capacity as may be necessary for the performance of its functions and the fulfillment of its purposes.

(2) Without prejudice to the generality of subsection (1), the ICC shall have the capacity to contract, to acquire and dispose of immovable and movable property and to institute in legal proceedings, in Samoa.

(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.

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.