BWBV0006484
Geldig vanaf 01-09-2016
Artikel 16
Verdrag tussen het Koninkrijk der Nederlanden en de Verenigde Naties betreffende de zetel van het Internationaal Restmechanisme voor Straftribunalen
1. The President, the Prosecutor and the Registrar, together with members of their family forming part of the household who are not nationals or permanent residents of the host State, shall enjoy the privileges, immunities, exemptions and facilities accorded to diplomatic envoys in accordance with international law, including the General Convention and the provisions of the Vienna Convention. Judges of the Mechanism, other than the President, together with members of their family forming part of the household who are not nationals or permanent residents of the host State, shall enjoy these same privileges and immunities, exemptions and facilities when engaged on the business of the Mechanism. Such privileges, immunities, exemptions and facilities, inter alia, include:
a) personal inviolability, including immunity from personal arrest or detention or any other restriction of their liberty and from seizure of their personal baggage;
b) immunity from criminal, civil and administrative jurisdiction;
c) inviolability of all papers and documents in whatever form and materials;
d) immunity from national service obligations;
e) exemption from immigration restrictions and alien registration;
f) exemption from taxation on salaries, emoluments and allowances paid to them in respect of their employment with the Mechanism;
g) the same privileges in respect of currency and exchange facilities as are accorded to diplomatic envoys;
h) the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys;
i) the right to import free of duties and taxes, except payments for services, their furniture and effects at the time of first taking up their post in the host State, and to re-export their furniture and effects free of duties and taxes to their country of destination upon separation from the Mechanism;
j) for the purpose of their communications with the Mechanism, the right to receive and send papers in whatever form; and
k) the same repatriation facilities in time of international crisis as are accorded to diplomatic envoys under the Vienna Convention.
2. The President, the judges, the Prosecutor and the Registrar shall continue to be accorded immunity from legal process of every kind in respect of words which were spoken or written and all acts which were performed by them in their official capacity even after they have ceased to perform their functions for the Mechanism.
3. Where the incidence of any form of taxation depends upon residence, periods during which the President, the judges, the Prosecutor and the Registrar are present in the host State for the discharge of their functions shall not be considered as periods of residence.
4. The host State shall not be obliged to exempt from income tax pensions or annuities paid to former Presidents, judges, Prosecutors or Registrars, and the members of their family forming part of the household.
5. Without prejudice to paragraph 3 of this Article, persons referred to in this Article who are nationals or permanent residents of the host State shall enjoy only the privileges, immunities and facilities under Articles V, Section 18 and Article VII of the General Convention, together with the following modifications and supplementary provisions:
a) personal inviolability, including immunity from personal arrest or detention or any other restriction of their liberty;
b) immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in their official capacity, which immunity shall continue to be accorded even after they have ceased to perform their functions for the Mechanism;
c) inviolability of all official papers and documents in whatever form and materials;
d) exemption from taxation on salaries, emoluments and allowances paid to them in respect of their employment with the Mechanism;
e) for the purpose of their communications with the Mechanism the right to receive and send papers in whatever form; and
f) the right to import free of duties and taxes, except payments for services, their furniture and effects at the time of first taking up their post in the host State.
6. Persons referred to in paragraph 5 of this Article shall not be subjected by the host State to any measure which may affect the free and independent performance of their functions before the Mechanism.
a) personal inviolability, including immunity from personal arrest or detention or any other restriction of their liberty and from seizure of their personal baggage;
b) immunity from criminal, civil and administrative jurisdiction;
c) inviolability of all papers and documents in whatever form and materials;
d) immunity from national service obligations;
e) exemption from immigration restrictions and alien registration;
f) exemption from taxation on salaries, emoluments and allowances paid to them in respect of their employment with the Mechanism;
g) the same privileges in respect of currency and exchange facilities as are accorded to diplomatic envoys;
h) the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys;
i) the right to import free of duties and taxes, except payments for services, their furniture and effects at the time of first taking up their post in the host State, and to re-export their furniture and effects free of duties and taxes to their country of destination upon separation from the Mechanism;
j) for the purpose of their communications with the Mechanism, the right to receive and send papers in whatever form; and
k) the same repatriation facilities in time of international crisis as are accorded to diplomatic envoys under the Vienna Convention.
2. The President, the judges, the Prosecutor and the Registrar shall continue to be accorded immunity from legal process of every kind in respect of words which were spoken or written and all acts which were performed by them in their official capacity even after they have ceased to perform their functions for the Mechanism.
3. Where the incidence of any form of taxation depends upon residence, periods during which the President, the judges, the Prosecutor and the Registrar are present in the host State for the discharge of their functions shall not be considered as periods of residence.
4. The host State shall not be obliged to exempt from income tax pensions or annuities paid to former Presidents, judges, Prosecutors or Registrars, and the members of their family forming part of the household.
5. Without prejudice to paragraph 3 of this Article, persons referred to in this Article who are nationals or permanent residents of the host State shall enjoy only the privileges, immunities and facilities under Articles V, Section 18 and Article VII of the General Convention, together with the following modifications and supplementary provisions:
a) personal inviolability, including immunity from personal arrest or detention or any other restriction of their liberty;
b) immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in their official capacity, which immunity shall continue to be accorded even after they have ceased to perform their functions for the Mechanism;
c) inviolability of all official papers and documents in whatever form and materials;
d) exemption from taxation on salaries, emoluments and allowances paid to them in respect of their employment with the Mechanism;
e) for the purpose of their communications with the Mechanism the right to receive and send papers in whatever form; and
f) the right to import free of duties and taxes, except payments for services, their furniture and effects at the time of first taking up their post in the host State.
6. Persons referred to in paragraph 5 of this Article shall not be subjected by the host State to any measure which may affect the free and independent performance of their functions before the Mechanism.
- Citeren als
- Art. 16
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0006484
- Officiële bron
- wetten.overheid.nl