'ICC privileges and immunities' in document 'Canada-ICC Privileges and Immunities Order'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PRIVILEGES AND IMMUNITIES

2. (1) The International Criminal Court shall have in Canada the legal capacities of a body corporate and, to the extent specified in the Agreement, the privileges and immunities set out in Articles II and III of the Convention.

(2) Subject to subsection (4), representatives of a foreign state that is a member of or that participates in the Assembly shall have in Canada, to the extent specified in the Agreement, the privileges and immunities set out in Article IV of the Convention.

(3) Subject to subsection (4), judges, officials and staff of the International Criminal Court and counsel, experts, witnesses and other persons required to be present at the seat of that Court shall have the privileges and immunities set out in Article 48 of the Rome Statute and in the Agreement.

(4) This Order does not exempt permanent residents of Canada and Canadian citizens from liability for taxes or duties imposed by any law in Canada.


PRIVILEGES AND IMMUNITIES

2. (1) The International Criminal Court shall have in Canada the legal capacities of a body corporate and, to the extent specified in the Agreement, the privileges and immunities set out in Articles II and III of the Convention.

(2) Subject to subsection (4), representatives of a foreign state that is a member of or that participates in the Assembly shall have in Canada, to the extent specified in the Agreement, the privileges and immunities set out in Article IV of the Convention.

(3) Subject to subsection (4), judges, officials and staff of the International Criminal Court and counsel, experts, witnesses and other persons required to be present at the seat of that Court shall have the privileges and immunities set out in Article 48 of the Rome Statute and in the Agreement.

(4) This Order does not exempt permanent residents of Canada and Canadian citizens from liability for taxes or duties imposed by any law in Canada.

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.