SCHEDULES

SCHEDULE 1 Supplementary provisions relating to the ICC

Legal capacity, privileges and immunities

1 (1) Her Majesty may by Order in Council confer on the ICC the legal capacities of a body corporate.
(2) Her Majesty may by Order in Council provide that—
(a) the ICC,
(b)the judges, the Prosecutor, the Deputy Prosecutors and the Registrar and members of their families who form part of their households,
(c) the Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry, and
(d) counsel, experts, witnesses and other persons involved in proceedings of the ICC,
(e)persons attending meetings of the Assembly (including persons attending such meetings as observers and persons invited to such meetings),
shall have such privileges and immunities as, in the opinion of Her Majesty, are or will be required for giving effect to the ICC Statute or any related agreement to which the United Kingdom, or Her Majesty’s government in the United Kingdom, is or will be a party.

(3)In sub-paragraph (2)(e) “the Assembly” means the Assembly of States Parties to the ICC statute (and includes the subsidiary organs of that Assembly).

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.