Press Release: 19 November 2002

Exchange of Notes between the Netherlands and the ICC

 

 

 

 
 
 

Exchange of Notes between the Netherlands and the ICC

 

ICC-20021119-1-En

Today the Director of Common Services of the International Criminal Court (ICC) Mr. Bruno Cathala and officials of the Treaty Division of the Ministry of Foreign Affairs of the Kingdom of the Netherlands exchanged Notes embodying an interim agreement between the ICC and the Kingdom of the Netherlands concerning the headquarters of the Court. The Notes are intended to facilitate the work of the Court by providing for and regulating matters arising from the establishment and functioning of the Court in the interim period pending the conclusion of negotiations between the Court and the Government of the Netherlands regarding the Headquarters Agreement and pending the approval of that agreement by the Assembly of States Parties.

The Notes are a clear expression of the desire by the Host State and the Court to ensure that the Court enjoys privileges and immunities and to facilitate the smooth and efficient functioning of the Court in its early stages of operations in the Hague.

In terms of the Notes, the ICC and the Kingdom of the Netherlands agree to provisionally apply the Agreement between the Kingdom of the Netherlands and the United Nations concerning the Headquarters of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (ICTY) also situated in the Hague. Besides clarifying certain concepts, the Notes also address other issues which are not covered or not sufficiently dealt with in the ICTY Agreement. Otherwise, the latter agreement is annexed to the Notes and will, to the extend necessary and possible be applied to the Court.

In the meantime, officials of the Court and of the Ministry of Foreign Affairs have agreed to meet shortly to begin initial discussions regarding the conclusion of the headquarters agreement between the Court and the host State. The agreement will be presented to the Assembly of States Parties and thereafter concluded by the President of the Court. The Basic Principles governing this agreement were approved by the Assembly of States Parties in September and the agreement will be based on those Principles, the relevant documents of the Court and in particular, the Statute, the Rules of Procedure and Evidence and the Agreement on the Privileges and Immunities of the Court.

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