Coalition for the International Criminal Court
Follow Us: Facebook Twitter
CICCCourtCoalitionCoalitionDocumentsPressDonation
Browse by Region
map Americas Africa Asia and Pacific Europe Middle East and North Africa
Agreement on Privileges and Immunities Background
Agreement on Privileges and Immunities Background
H.E. Ambassador Gilbert Laurin of Canada deposits the instrument of ratification of the Agreement on Privileges and Immunities (APIC) in the presence of Sylvie Jaque, Deputy Chief of the UN Treaty Office.
The Agreement on Privileges and Immunities - an agreement laid out in Article 48 of the Rome Statute - provides privileges and immunities which, for the most part, are similar to those enjoyed by UN bodies and other international organisations, and required a minimum of 10 states' ratification for it to become binding, in accordance with Article 35 of the Rome Statute. While Article 48 of the Rome Statute addresses these privileges and immunities in general, the Agreement on Privileges and Immunities defines these protections and related obligations on States Parties in greater detail.

The Agreement was drafted by the Preparatory Commission of the ICC and was adopted by the Assembly of States Parties (ASP) on 9 September 2002, and secured 62 signatories before the deadline for signature passed on 30 June. All States, regardless of whether they have ratified the Rome Statute, are encouraged to ratify or accede to the Agreement in order to widen its reach.

Through ratification of the Rome Statute, all ICC States Parties are bound to respect the privileges and immunities for Court officials and documents. These privileges and immunities guarantee that States allow the Court to function in an independent and unconditional manner, in accordance with the procedures as defined by the Rome Statute and the Rules on Procedure and Evidence. Article 48 of the Rome Statute provides in general for these privileges and immunities, which are further defined and developed in the Agreement on Privileges and Immunities.

In addition to providing the Court with privileges and immunities as an international organization, the Agreement provides the following persons with privileges and immunities:

• Representatives of States participating in the Assembly and its subsidiary organs and representatives of intergovernmental organizations (Art. 13);
• Representatives of States participating in the proceedings of the Court (Art. 14);
• Judges, Prosecutor, Deputy Prosecutors and Registrar (Art. 15);
• Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry (Art. 16);
• Personnel recruited locally and not otherwise covered by the present Agreement (Art. 17);
• Counsel and persons assisting defence counsel (Art. 18);
• Witnesses (Art. 19);
• Victims (Art. 20);
• Experts (Art. 21); and
• Other persons required to be present at the seat of the Court (Art. 22).

If you would like to know more about this campaign, please contact Sunil Pal at: [email protected]